The Real Effects of Bankruptcy Forum Shopping
May 2026
Working Paper Number:
CES-26-29
Abstract
Many non-Delaware firms strategically file for bankruptcy in Delaware. Should this "forum shopping" be allowed? This question has motivated nine proposed congressional bills over decades of policy debate. Using a novel natural experiment and Census-Bureau microdata, we inform this debate. Comparing similar firms within a Delaware-adjacent state, we show that proximity to Delaware predicts forum shopping. Instrumenting with proximity, we find that forum shopping causally: (i) prevents closures'and liquidations, (ii) shortens bankruptcies, (iii) boosts creditor recovery, and (iv) increases post-bankruptcy employment by 24.8%. Proximity to Delaware is uncorrelated with growth for not-yet-bankrupt or never-bankrupt firms, validating the exclusion restriction.
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corporation,
corporate,
financial,
finance,
bankruptcy,
lender,
debt,
liquidation,
bankrupt,
debtor,
filing,
creditor
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