Venue is among the more controversial and politicized aspects of bankruptcy law. While the country watches with unease the debate in Washington unfold regarding the fiscal cliff, bankruptcy practitioners continue to debate their own political issue bankruptcy venue. The decision regarding where a lawsuit is filed and adjudicated is an important decision.
Like other federal litigation, the proper venue for the filing of a bankruptcy case is governed by federal statute. Over the years, New York and Delaware have emerged as favored venues for the filing of Chapter 11 cases for a number of reasons, especially large and complex cases.
