Bankruptcy Business Back In Delaware


November 2006
  


Delaware is poised to regain its national stature as a top jurisdiction for bankruptcy filings, according to recent newspaper reports.

Law firms whose Wilmington offices do a significant amount of bankruptcy work are noticing, after two down years, an upturn in filings, the Philadelphia Business Journal recently reported.

"With interest rates and oil prices high, I think you are going to see a number of mid-market companies file for Chapter 11," said Peter Clark, the Philadelphia-based chairman of Reed Smith's bankruptcy department.

"Things happening in the economy are going to drive a lot more filings," Laura Davis Jones, managing partner of the Wilmington office of Pachulski Stang Ziel Young Jones & Weintraub, the nation's largest bankruptcy law firm, said at a conference for bankruptcy lawyers reported in the Wilmington News Journal.

Delaware's federal Bankruptcy Court tripled in size this spring, as four new bankruptcy judges began 14-year terms on the bench. The new judges are Kevin J. Carey, Kevin Gross, Brendan L. Shannon and Christopher S. Sontchi.

Delaware became a hot spot for bankruptcy filings in the mid-1990s as its judges developed a reputation for efficiency and business-friendly rulings. In 2001, a majority of the nation's major Chapter 11 cases were filed in Delaware. The heavy caseload then became a burden, and judges were borrowed from other courts to help reduce the backlog.

"Having six permanent judges will stabilize things, and we're going to see more of the big cases come back," Saul Ewing bankruptcy chairman Norman Pernick told the Philadelphia Business Journal.


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