The Gifting Doctrine V. The Absolute Priority Rule

Law360, New York (March 28, 2011, 3:40 PM EDT) -- On Dec. 6, the U.S. Court of Appeals for the Second Circuit weighed in on the contentious debate over the “gifting doctrine.” The debate centers around the ability of a senior creditor to “gift” property to a junior claimholder over the objection of claimholders situated between the two parties on the priority scale. See Dish Network Corp. v. DBSD N. Am., Inc. (In re DBSD N. Am., Inc.), 2010 U.S. App. LEXIS 27007 (2d Cir. Dec. 6, 2010).

The debate gained steam in 1993 after the...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.