Does Jevic Stop Payments to Unsecured Creditors in a Settlement?

In Jevic, the Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a structured dismissal of a Chapter 11 case that violates the Bankruptcy Code's ordinary priority rules without the consent of creditors. Check out this expertly drafted article discussing a Second Circuit decision addressing whether, under Jevic, a settlement can be approved that distributes value to unsecured creditors without first paying disputed secured claims.

Read now »

Related Content

• Structured Dismissals
  Get informed on structured dismissals in Chapter 11 bankruptcy cases.

• Rule 9019 Settlement Agreements
  Review the requirements for drafting a motion to approve a settlement agreement pursuant to Bankruptcy Rule 9019.

• Structured Dismissal Motion
  Use this template when filing a motion to approve a structured dismissal of a Chapter 11 case.

• Structured Dismissal Order
  Use this template order to attach to a motion to approve a structured dismissal of a Chapter 11 case.

• Gift Plans
  See this discussion of drafting plans where senior creditors gift a portion of their distribution to junior creditors.

• Bankruptcy Litigation Resource Kit
  Explore these Practical Guidance resources when litigating disputes in bankruptcy cases.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

• Third-Party Release Tracker (Post-Purdue Pharma) – Keep track of how courts are treating third-party releases since the Supreme Court issued the Purdue Pharma
• DIP Financing Key Terms Tracker – Compare the key terms of over 25 DIPs!
• Mega Chapter 11 Filings Tracker (2024) – Stay up to date with new Mega filings, with five new megas in December (so far).
• DIP Financing Interest Rate Tracker – Compare the interest rates of over 25 DIPs in an easy-to-use chart.
• DIP Financing Fee Tracker – Compare the fees of over 25 DIPs in an easy-to-use chart.
• Subchapter V Decision Tracker – Keep up to date on key legal developments with five new decisions in November!
• Law Firm Rates Tracker (Debtor Professionals Mega Bankruptcies) – Compare the rates of over 50 law firms.
• Debtor Professionals Mega Tracker – Check out the debtor professionals retained in over 70 mega Chapter 11 cases.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
• New! Discover Practical Guidance Content and Resources
  Review this informative guide featuring some of the recent content additions to Practical Guidance, designed to help you find the tools and insights you need to work more efficiently and effectively.  

• Explore the Chevron Reversal Impact Resource Kit for analysis related to the Supreme Court’s decision to overturn four decades of deference to federal agency interpretations of ambiguous statutes.
• Generative Artificial Intelligence (AI) Resource Kit is a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools.

• Public Interest, Pro Bono, and Non-Profit Resource Kit offers valuable guidance for those providing pro bono legal services and assisting non-profit organizations and public interest groups. It includes useful content on topics including tenant's rights, fair housing and lending, discrimination, immigration, and general non-profit resources. 
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
• The Practical Guidance Journal features guidance on the use of AI in employment decisions, AI considerations in acquisition agreements, Chevron deference reversal challenges in FDA rulemaking, 50 years of ERISA pension protection, plus obligations and risks related to the provision of anti-overdose medication in the workplace.
• Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID-19, and more.
• Browse the Practical Guidance Author Center to see the 2000+ leading attorney authors contributing to our 26 practice areas. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.

PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB

Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+