The bankruptcy bar is abuzz following the Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp., 15-649, 2017 BL 89680, 85 U.S.L.W. 4115 (Sup. Ct. March 22, 2017), holding that bankruptcy courts may not approve structured dismissals that do not adhere to the Bankruptcy Code’s priority scheme.
As soon as the Jevic opinion was released, the question on the minds of bankruptcy professionals everywhere was how would Jevic affect the bankruptcy practice? The answer to that question will be determined largely by how the lower courts interpret the Supreme Court’s ruling.
With that in mind, the Nelson Mullins bankruptcy blog – The Bankruptcy Protector – is introducing a new periodic series: the Jevic Files. We will publish intermittent updates identifying cases where Jevic priority skipping issues are raised and adjudicated. We’re focusing only on cases that directly relate to priority skipping issues, not decisions that merely cite Jevic. Check back with the Bankruptcy Protector often for updates.