How 9th Circ. Views The 'Substantive Consolidation' Debate
Law360 (December 4, 2019, 6:44 PM EST) -- This article discusses the disagreement among courts over whether the creditors of a nondebtor must be given advance notice of a motion to substantively consolidate the nondebtor with the bankruptcy estate of a debtor. In an apparent matter of first impression among the circuits, the U.S. Court of Appeals for the Ninth Circuit ruled in Leslie v. Mihranian that such notice is required.
Substantive consolidation is an equitable remedy pursuant to which a bankruptcy court may order that the assets and liabilities (for ease of reference, the estates) of separate entities be treated as if they belonged to a...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!