Andy Dietderich Provides a Debtor’s View of Forum Shopping for the ABI JournalSeptember 9, 2021
“’Confessions’ of a Forum-Shopper” is a two-part article for the American Bankruptcy Institute Journal written by Andy Dietderich based on his personal experience representing corporate debtors. Part One appears in the September 2021 issue of the Journal and addresses forum shopping within the U.S. The second half of the article, expected for October, deals with international forum shopping by companies headquartered outside of the U.S.
“It might be a controversial position,” Andy writes, "but…I have come to believe strongly that some flexibility to forum-shop is, on balance, a very good thing for American bankruptcy law. In fact, forum-shopping can be essential to restructure a business successfully, especially in challenging cases where the going concern is at risk.” Andy explains the reasons behind this conviction, and how forum shopping in past cases has helped S&C’s debtor clients preserve assets and save jobs.
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