Abstract

http://ssrn.com/abstract=91508
 


 



Shopping for Judges: An Empirical Analysis of Venue Choice in the Bankruptcy Reorganization of Large, Publicly Held Companies


Theodore Eisenberg


Cornell University - Law School

Lynn M. LoPucki


University of California, Los Angeles (UCLA) - School of Law

May 1998


Abstract:     
This article reports on an empirical study of forum shopping in all bankruptcy reorganization of large, public companies from 1980 through 1997 (273 cases). Principal findings include: (1) forum shopping increased from about 20% to between 50% and 86% over the period studied, (2) the principal destination for shopping changed abruptly from New York to Delaware about 1990, (3) Delaware achieved a virtual national monopoly on these kinds of case by 1996, before the Chief Judge in Delaware took the large cases from the Bankruptcy judges, (4) Delaware processes cases a little faster than other districts but the difference is not statistically significant, (5) shopping rates differ significantly for firms in different cities, suggesting that shopping is in significant part a rejection of particular courts. The study is based on data from Lynn M. LoPucki's Bankruptcy Research Database.

Number of Pages in PDF File: 37

JEL Classification: K41, K42

working papers series


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Date posted: May 8, 2000  

Suggested Citation

Eisenberg, Theodore and LoPucki, Lynn M., Shopping for Judges: An Empirical Analysis of Venue Choice in the Bankruptcy Reorganization of Large, Publicly Held Companies (May 1998). Available at SSRN: http://ssrn.com/abstract=91508 or http://dx.doi.org/10.2139/ssrn.91508

Contact Information

Theodore Eisenberg
Cornell University - Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-6477 (Phone)
607-255-7193 (Fax)
Lynn M. LoPucki (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
(310) 794-5722 (Phone)
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