Creditor Strategy Update: Examination of Venue Transfer and Case Dismissal

, New York Law Journal


In his Bankruptcy Practice column, John J. Rapisardi of Cadwalader, Wickersham & Taft writes: The increasing attempts of creditors to influence the outcome of a case in its earliest stages has yielded some success. In particular, the Cordillera Golf Club, Houghton Mifflin, and Santa Ysabel decisions provide creditors with a potential leverage point in future cases: a threat to move bankruptcy venue strategically to a less debtor friendly jurisdiction or to dismiss a debtor's case.

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