Health Care

June 2025

Section 365(d) of the Bankruptcy Code draws a clear distinction between residential and nonresidential leases, and those distinctions can impact a debtor’s rights.

In 2024, the issues of forum-selection and venue reform were again at the forefront of nationwide discussions about bankruptcy. Regardless of one’s views on the topics, forum considerations must be at the top of the pre-bankruptcy planning list for debtor’s counsel in a large chapter 11 filing. There are fewer available forums in health care cases, however, because of the often-limited geographic scope and localized practice of health care companies such as community hospitals, nursing facilities and physician groups.