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Expert Analysis

Recharacterization Doctrine Is Ripe For High Court Review

Law360, New York (July 8, 2015, 10:07 AM EDT) -- When a bankruptcy court "recharacterizes" debt, it causes something the parties have identified as debt to be converted into equity. Unlike an equitable subordination analysis, in which courts determine whether an acknowledged claim should be subordinated to that of other creditors due to a creditor's inequitable conduct, a recharacterization analysis involves determining whether a debt actually exists....

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