June 9, 2017

Early Post-Jevic Decisions Suggest Possible Expansive Interpretation

By Andrew C. Kassner and Joseph N. Argentina, Jr.

Andy Kassner and Joe Argentina authored a bankruptcy column titled, “Early Post-Jevic Decisions Suggest Possible Expansive Interpretation by Bankruptcy Courts” in The Legal Intelligencer. The column examines the impact of the U.S. Supreme Court decision in Czyzewski v. Jevic Holding Corp. on two recent court cases involving the bankruptcy code’s distribution scheme.

The column looks at In re Fryar, 2017 which involved an interim distribution pursuant to a settlement agreement and In re Pioneer Health Servs., which involved critical vendor payments. Based on their analysis of these two cases, Andy and Joe conclude that “it appears that Jevic will stand for the proposition that any matter that results in altering the priority distribution provision of the bankruptcy code, while permissible, will require increased scrutiny.”

Read “Early Post-Jevic Decisions Suggest Possible Expansive Interpretation by Bankruptcy Courts.”

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