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Tradernick5

03/18/18 4:33 AM

#6135 RE: Richcc71 #6134

This could be us. https://www.mayerbrown.com/us-supreme-court-reverses-a-chapter-11-structured-dismissal-03-22-2017/

Czyzewski v. Jevic Holding Corp., No. 15-649 (2017)
On March 22, 2017, in an opinion by Justice Breyer, the US Supreme Court held in Czyzewski v. Jevic Holding Corp.1 that a dismissal of a Chapter 11 bankruptcy case may not be “structured” to depart from ordinary priority of distribution rules under the Bankruptcy Code absent the affected creditors’ consent, even in rare cases where no better alternative outcome is possible.2 The Jevic decision likely spells the end of structured dismissals in commercial bankruptcy practice, at least where there is no bona fide dispute in the Chapter 11 case as to the priority of the claims and/or the liens at issue.