Released: Filed Under: Stoa Policy
About "Bankruptcy Venue (AFF)"
Case Summary: Bankruptcy is part of the financial system and the Constitution assigns jurisdiction on it to the federal government. Under current law, a debtor (someone who owes money) can file for bankruptcy in any place where they do business or in their place of incorporation. That means a company (e.g. the Los Angeles Dodgers) that incorporated for convenience in someplace like Delaware can file for bankruptcy there even though they have no employees and no business in Delaware. This is bad because their creditors (those to whom they owe money) must go across the country to chase them down, or else drop out of the process and lose any rights they may have had to file claims for money owed. Venue shopping, the practice of looking for a court that will be most favorable to the debtor, leads to a rigged judicial process that needs to be reformed. This plan enacts a bill that has been introduced multiple times in Congress, but never passed: The Bankruptcy Venue Reform Act. It eliminates venue shopping by requiring companies to file for bankruptcy where they have substantial business and removes “place of incorporation” as an option.
Note: This brief quotes a paper published by the National Conference of Bankruptcy Judges. Evidence from this paper may be cited in both AFF and NEG arguments. It’s obviously a well-qualified source. Their paper presents arguments both for and against this plan and explicitly says at the end that they take no advocacy position on the issue. Don’t raise ethical arguments about quoting against author’s intent, because they present good arguments on both sides and have no intent of advocating for either.
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Coach Vance debated in National Forensic League debate while in high school from 1979-1982. In college, he judged at high school NFL tournaments in North Carolina. A homeschooling dad himself, he realized the growing potential and benefit of homeschool debate and switched over to coaching homeschoolers a couple years later. In 2001, he helped Chris Jeub with bringing The Blue Book to a more advanced level. He has been co-authoring Blue Book ever since.