When the Oklahoma City-based proton therapy center Oklahoma ProCure Management LLC had its first hearing last week in U.S. Bankruptcy Court in Wilmington, Del., Judge Mary Walrath said that her main question was why the cancer-treatment business picked Delaware for its chapter 11 case, WSJ Pro Bankruptcy reported. “This has one location in Oklahoma, the landlord is in Oklahoma, the prospective purchaser is in Oklahoma,” the judge said last week. Judge Walrath told the company to return to court yesterday to explain why she should hear the case instead of a judge in Oklahoma. After hearing from the company and various major creditors supporting the venue, Judge Walrath said yesterday that she would allow the case to remain in Delaware in the interests of protecting patients. The company had said that if there was any disruption in the bankruptcy proceedings that that the cash-strapped business might end up liquidating. “I will say this: I’m not happy with the selection of Delaware for this case,” Judge Walrath said. “This is a local case that should have been filed where its assets are.” But because Oklahoma ProCure “has one shot and one shot only of keeping the business operating, I will not disrupt that simply because I think you should have filed elsewhere,” she said. Read more.
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