Analysis

Ch. 11 Case Solutions Tightened As Jevic Anniversary Passes

Law360 (June 15, 2018, 7:18 PM EDT) -- A year and some change after the U.S. Supreme Court ruled that so-called structured dismissals of Chapter 11 cases cannot sidestep the Bankruptcy Code's "absolute priority" rule, practitioners feel relieved the decision didn't altogether upend creditor "priority-skipping" payments, but say case liquidation now looms larger.

The high court's March 2017 decision in Czyzewski et al. v. Jevic Holding Corp. et al. has been cited only sparsely in bankruptcy court decisions where a creditor class skipping issue is being weighed, but the holding has left restructuring attorneys with one less technique to assist bankrupt mid-market companies, according to experts.

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