Jevic Could Be Most Consequential Ch. 11 Decision In Years

Law360, New York (October 24, 2016, 1:47 PM EDT) -- The U.S. Supreme Court will hear the case of Czyzewski v. Jevic Holding Corp. during the new term that began this month. The questions it presents are relatively simple. First, can a bankruptcy court, in dismissing a case under the U.S. Bankruptcy Code, permit parties to "structure" the dismissal to include substantive provisions regarding the distribution of assets of a debtor's bankruptcy estate, instead of simply dismissing the case and leaving parties to their remedies under applicable nonbankruptcy law? If yes, then can such provisions effect a distribution of those assets in a manner that contravenes the Bankruptcy Code's priority scheme? Most observers anticipate that the Court will focus on solely on the second question, and issue a fairly narrow ruling. A ruling on the first question, however, would be far broader and could have as significant an impact on Chapter 11 bankruptcy practice as any case that the Court has decided in decades....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!