Topic
Structured Dismissal
12 published works
Bankruptcy & Restructuring Law
Is Jevic Hauling a Surprise for 363 Sales that Include Priority-Skipping Distributions?
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…
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
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…
Restructuring Globalview
Jevic Holding: The Supreme Court Puts an End to Non-Consensual Structured Dismissals That Violate Bankruptcy Code Priority Scheme
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…
Restructuring Globalview
Are Structured Dismissals on Hold Pending the Supreme Court’s Decision in Jevic?
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,…
Restructuring Globalview
Jevic Holding Corp.: Is The Supreme Court Now Ready To Strike Down Structured Dismissals?
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,…
Restructuring Globalview
Jevic Holding: The Case That Keeps On Giving
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…
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…
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…
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…
Plan Proponent
ABI Commission Report – Orders Resolving Chapter 11 Cases
(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…