Is Forum Shopping Corrupting America's Bankruptcy Courts?
ABSTRACT
In his new book, Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts, Professor Lynn LoPucki argues that current bankruptcy venue rules have spawned an improper "competition for
This Essay reviews LoPucki's book and its central theoretical and empirical arguments. LoPucki offers powerful empirical evidence that something is amiss with much of current American bankruptcy practice. This Essay attempts to flesh out in more detail the model and theoretical foundations that implicitly underlie LoPucki's indictment of bankruptcy forum shopping (and other forms of forum shopping as well). Although LoPucki correctly identifies several problem areas in the current Chapter 11 reorganization process, it is not at all certain that these problems can be clearly attributed to runaway forum shopping.
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