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Constellation Creditors Deny Jevic Fit In Ch. 11 Ruling

Law360, Wilmington (August 8, 2017, 8:17 PM EDT) -- Unsecured creditors of Constellation Enterprises LLC urged a federal judge late Monday to reverse a bankruptcy court’s rejection of the company's structured dismissal settlement, saying the decision wrongly relied on the U.S. Supreme Court’s recent Jevic decision.

In a brief filed in Delaware district court, attorneys for the official committee of unsecured creditors said the high court’s reversal in Czyzewski v. Jevic Holding Corp. does not fit Constellation’s facts.

“There is no [bankruptcy] code-based priority scheme for non-estate assets,” the committee filing with U.S. District Judge...
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