Equity Didn’t Help Broker Cheated Out of His Commission by Debtor
Bad result for a broker may have been avoided by raising other issues in the First Circuit.
Judge Name - Do not use it.
Jeffrey R. Howard
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Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
Judge Name - Do not use it.
Kevin J. Carey
Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs
Common ownership and management aren’t enough to prove ‘single employer’ liability.
Judge Name - Do not use it.
Anthony J. Scirica
Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules
Failure to notice all class members was pivotal in permitting a class proof of claim.
Judge Name - Do not use it.
Bankruptcy Judge Laurie Selber Silverstein
Creditors Lack Standing to Appeal in ‘No Asset’ Cases
Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.
Judge Name - Do not use it.
Ann Claire Williams
Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans
The Supreme Court yesterday granted certiorari in Czyzewski v. Jevic Holding Corp. to decide whether bankruptcy courts are allowed to dismiss chapter 11 cases when property is distributed in a settlement that violates the priorities contained in Section 507 of the Bankruptcy Code, according to an analysis by ABI Editor-at-Large Bill Rochelle. Although Jevic deals with structured dismissals, the Supreme Court’s decision might also have the effect of allowing or barring so-called gift plans where a secured creditor or buyer makes a payment, supposedly from its own property, that enables a distribution in a chapter 11 plan not in accord with priorities. Granting certiorari was not surprising because there has been a long-standing split of circuits. Click here to read Rochelle's exclusive analysis.
Click here to view the certiorari petition and other Jevic case documents on ABI's Supreme Court page.
Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans
Having avoided chapter 11 cases, the high court will tackle a major reorganization issue.
Judge Name - Do not use it.
Supreme Court
Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans
The Supreme Court today granted certiorari in Czyzewski v. Jevic Holding Corp. to decide whether bankruptcy courts are allowed to dismiss chapter 11 cases when property is distributed in a settlement that violates the priorities contained in Section 507 of the Bankruptcy Code, according to an analysis by ABI Editor-at-Large Bill Rochelle. Although Jevic deals with structured dismissals, the Supreme Court’s decision might also have the effect of allowing or barring so-called gift plans where a secured creditor or buyer makes a payment, supposedly from its own property, that enables a distribution in a chapter 11 plan not in accord with priorities. Granting certiorari was not surprising because there has been a long-standing split of circuits. Click here to read Rochelle's exclusive analysis.
Click here to view the certiorari petition and other Jevic case documents on ABI's Supreme Court page.
Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible
Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.
No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest
Superpriority claim only ensures recovery of filing day interest and principal.
Judge Name - Do not use it.
Louise W. Flanagan