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Structured Dismissal

12 published works

  1. Bankruptcy & Restructuring Law

    Is Jevic Hauling a Surprise for 363 Sales that Include Priority-Skipping Distributions?

    By Nicholas J. Brannick

    Prior to the United States Supreme Court’s decision in Czyewski v. Jevic Holding Corp., 137 S.Ct. 973, 197 L.Ed.2d 398 (2017), one way to reshuffle the deck chairs on the…

  2. Finance & Bankruptcy Law Blog

    The Structure of Dismissals – Supreme Court’s Jevic Decision Lays Out Ground Rules for Parties Seeking to Resolve Bankruptcies Through the Increasingly Popular Method of Structured Dismissals

    By Michael M. Lauter

    On March 22, 2017, the Supreme Court in Czyzewski v. Jevic Holding Corp., 580 U.S. __ (2017) held that a bankruptcy court does not have the power to approve a…

  3. Restructuring Globalview

    Jevic Holding: The Supreme Court Puts an End to Non-Consensual Structured Dismissals That Violate Bankruptcy Code Priority Scheme

    By Squire Patton Boggs

    Yesterday, the Supreme Court issued is highly awaited ruling in Czyzewski et al. v. Jevic Holding Corp. et al.  The Jevic case presented the question whether bankruptcy courts may approve…

  4. Restructuring Globalview

    Are Structured Dismissals on Hold Pending the Supreme Court’s Decision in Jevic?

    By Peter Morrison

    American Apparel, the struggling clothing manufacturer and retailer, found itself in chapter 11 this past November after failing to implement its turnaround plan amid a challenging retail environment.  Last week,…

  5. Restructuring Globalview

    Jevic Holding Corp.: Is The Supreme Court Now Ready To Strike Down Structured Dismissals?

    By Mark Salzberg

    In a prior post, we discussed the Third Circuit Court of Appeals’ decision in Jevic Holding Corp., where the court upheld the use of so-called “structured dismissals” in bankruptcy cases,…

  6. Restructuring Globalview

    Jevic Holding: The Case That Keeps On Giving

    By Mark Salzberg

    The Jevic Holding Corp. bankruptcy case is proving to be precedent setting.  In a prior post, we examined how the court had greatly increased the evidentiary burden on a party…

  7. Bankruptcy Report

    SCOTUS Grants Cert in Jevic

    By Dustin Smith

    Yesterday, the Supreme Court granted certiorari in Czyzewski v. Jevic Holding Corp (“Jevic”). As previously reported, Jevic addressed whether a bankruptcy court can approve a settlement agreement that provides for…

  8. Bankruptcy Report

    Solicitor General Sides With Priority Creditors In Recent Amicus Brief

    By Dustin Smith

    Last summer, the HHR Bankruptcy Report analyzed the Third Circuit’s ruling in Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.),[1] which approved, as…

  9. Bankruptcy Report

    Structured Dismissal: The “Least Bad Alternative”

    By Katie Gerlach, Dustin Smith

    The Third Circuit, in Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.),[1] became the first court of appeals to approve the settlement and…

  10. Plan Proponent

    ABI Commission Report – Orders Resolving Chapter 11 Cases

    By David L. Bury Jr.

    (by Elizabeth Carden of the ABI) (by Dave's iPhone) The American Bankruptcy Institute held its 20th Annual Southeast Bankruptcy Workshop on Amelia Island last week. At the conference, we heard…