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Richard Bernard and Scott Gautier, Faegre Drinker Biddle & Reath LLP partners from both coasts, discuss the importance of Circuit Court (and Bankruptcy Court) splits that have significant impact on venue selection in corporate chapter 11 cases. Richard and Scott highlight a few relevant splits related to: (i) non-consensual third party releases; (ii) sales free and clear; and (iii) non-consensual assumption of executory contracts with particular emphasis on decisions in the 2nd, 3rd, 5th and 9th circuits. The presentation provides insight into these topical splits as well as the legal significance for corporate debtors of filing in one place or another.
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