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Expert Analysis

3rd Circ.'s Nuanced Approach To 'Equal Treatment' In EFH

Law360, New York (June 15, 2016, 1:48 PM EDT) -- The question of what constitutes "equal treatment" is a question as old as law itself. Though a favored topic by the Aristotles and the Rousseaus of the world, the question is not entirely esoteric. The concept plays a central role in the law of bankruptcy — courts occasionally describe the principle of equitable distribution between similarly situated creditors as one of the "pillars" of the Bankruptcy Code. A pillar, indeed — it is not uncommon for players in the distressed space to spin their gears finding deal structures and workarounds that are consistent with this most central of tenets....

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