Representative Work

Representative Work: Removal of Adversary Proceedings to "Home Turf"

In a large international Chapter 11 bankruptcy pending in the District of Delaware and Canada, Sussman Shank successfully obtained an order transferring venue of an adversary proceeding filed in Delaware, by the debtor, against Oregon residents to the Bankruptcy Court in Oregon. This was a contested matter involving interpretation and enforcement of contract documents between the debtor and the Oregon residents, which contained forum selection provisions. Filing the action in Delaware was contrary to the contract documents signed by the debtor, and the only connection with Delaware was that the debtor filed bankruptcy there. Had venue not been transferred to Oregon, the cost of defending the action would have been prohibitive for the clients and could have resulted in causing one of the clients to file bankruptcy.

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