Life After Jevic: An End to Priority-Skipping Distributions?

March 2, 2018

A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decision in Czyzewski v. Jevic Holding Corp. How? Two bankruptcy experts examine in this in-depth article.

______________________________________________________________________________________________________

Did you know that ABI's upcoming Annual Spring Meeting — to be held April 19-22 at the Marriott Marquis in Washington, D.C. Find out more information and register today at abiasm.org!

Want to hear more about Jevic? Join us for a session during ASM that will be held on Friday, April 20th, at 10 am.

BEST PRACTICES IN SETTLEMENTS AFTER JEVIC
The Supreme Court’s opinion in Jevic limited the options available to effectuate settlements, particularly over the objection of impacted parties. This panel will discuss creative approaches to implementing settlements and disposing of cases, with a special focus on cases where objecting parties are seeking to prevent settlement.

Speakers Include:

Edward T. Gavin, Moderator, Gavin/Solmonese LLC; Wilmington, Del.

Daniel F. Dooley, MorrisAnderson; Chicago

Hon. Kevin Gross, U.S. Bankruptcy Court (D. Del.); Wilmington

Eve H. Karasik, Levene, Neale, Bender, Yoo & Brill, LLP; Los Angeles

Jeffrey N. Pomerantz, Pachulski Stang Ziehl & Jones; Los Angeles

Previous Flipbook

A Dangerous Mix: Multiple Board Service and Insolvency

Directors frequently serve on the boards of multiple entities within a single corporate family, but there c...

Next Flipbook

Living in Borrowed Times: The Changing Context of Student Loan Discharge

Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in...

Return to Home

Life After Jevic: An End to Priority-Skipping Distributions?

Previous Flipbook

Next Flipbook

Most Recent Flipbooks

This article provides a base level of familiarity through a brief discussion of recent cases addressing debtor eligibility and foreign case recognition concepts under chapter 15.

One of the significant unresolved issues in consumer bankruptcy law is the right of a chapter 13 debtor to obtain the return of a vehicle seized before the bankruptcy was filed.

Does the Bankruptcy Code permit tiered chapter 13 plans? Bankruptcy courts are divided, and even courts within the same federal districts have reached different results.

The landscape of the restructuring process under chapter 11 has undergone substantial changes in recent years, rendering rare what was once perceived as the “traditional reorganization case.”

The Tax Cuts and Jobs Act is the largest tax law overhaul since 1986, and trustees, debtors and their professionals should be aware of how these changes might affect bankruptcy estates.

Rising interest rates coupled with reduced income and increased debt suggests that some farmers might not be able to repay debt in future years.

With U.S. oil production soaring to an all-time high and WTI crude plunging to its lowest closing price since mid-2017, it is time to consider whether another energy downturn has begun — or resumed.

The fresh start is a powerful poverty-fighting tool. However, over the last decade, chapter 7’s fresh start has become steadily less accessible for low-income Americans.

This article examines what happens to the writer’s share when a songwriter files for bankruptcy and rejects his/her publishing agreement.

An organization in chapter 11 should implement an alternative-compensation arrangement to retain key executive talent and incentivize them so that the company can successfully restructure.

Fee-waiver and installment-payment requests in individual chapter 7 cases are on the rise, putting increasing pressure on the budgets of the courts and chapter 7 trustees.

Celebrities’ financial woes are often headline-grabbing sound bites, but the news stories are often slim on details as to how — if at all — the celebrity recovers from his/her financial troubles.

Health care bankruptcies impose life-and-death consequences on the public at large, prompting the U.S. Trustee and state and federal entities to take a more active posture in order to fill this void.

Individuals with student loan debt face an uphill battle in bankruptcy, but a recent case shows that courts might be increasingly willing to relax the standard to discharge governmental student loans.

Paying for an attorney is simply not possible for many who need the benefits of the Bankruptcy Code. Fortunately, there are a number of resources that the bankruptcy courts can look to for new ideas.

There’s not much that’s new or novel about prepackaged, pre-negotiated and pre-arranged bankruptcy filings in recent years, except their growing numbers — and that is a story in itself.

While the Code excludes Social Security benefits from the definition of “current monthly income," it provides no comparable exclusions for veterans' benefits — presenting a hardship for some veterans.

What happens if a debtor dies during the life of his or her chapter 13 plan? This can be a perplexing dilemma for the attorney regarding his/her obligations to the client.

ABA's Formal Opinion 481 says that a lawyer must inform the client of material errors in the client's representation. But is it really necessary to report every single “oops”?

Attorneys, law firms and third parties have recently sought to reimagine the terms and methods of payment for consumer debtor attorneys' fees, but some could run afoul of bankruptcy law and ethics.