Supreme Court Ruling Draws a Vague Line in Bankruptcy Cases
ByIn an opinion written by Justice Stephen G. Breyer, the United States Supreme Court ruled last month that the order of payment in a bankruptcy cannot be evaded when a Chapter 11 case is dismissed.
CreditManuel Balce Ceneta/Associated Press
A few weeks back, the Supreme Court decided Czyzewski v. Jevic Holding Corporation. I had previously noted that the case had the potential to greatly disrupt modern Chapter 11 practice.
Bankruptcy lawyers breathed a sigh of relief when Justice Stephen G. Breyer issued a relatively narrow opinion. But after a few weeks of reflection, I wonder if he didn’t lay the groundwork for years of future litigation…