Document Type
Research Memorandum
Publication Date
2019
Abstract
(Excerpt)
The strong policy in favor of centralizing bankruptcy disputes in a single forum often overrides the deference typically owed to the enforceability of the enforceability of forum-selection clauses (“FSC”). As such, with the exception of the Seventh and Tenth Circuits, FSCs are less likely to be enforced in bankruptcy cases, especially when the pending claim is constitutionally core. This memorandum explores the treatment of FSCs in bankruptcy cases. Section I discusses bankruptcy courts’ strong presumption for centralized proceedings; Section II examines the treatment of FSC when the matter is core; and Section III reviews the rejection of the “core v. non-core” analysis by certain circuits.