Opinion analysis: Bankruptcy priority rules may not be evaded in Chapter 11 structured dismissals

Czyzewski v. Jevic Holding Corp. is the latest battleground in a 150-year struggle over whether senior creditors whose liens exhaust a bankruptcy estate, and junior creditors or equity holders with control over the bankruptcy proceeding, can combine to use bankruptcy processes to implement a division of value that skips over otherwise out-of-the-money intervening creditors over … Continue reading Opinion analysis: Bankruptcy priority rules may not be evaded in Chapter 11 structured dismissals