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Debtors Substantive Consolidation

Jones Day

Business Restructuring Review November–December 2023 | Vol. 22 No. 6

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Health Care Provider Bankruptcy Update: Patient Care Ombudsman Not Necessary In Every Health Care Business Bankruptcy Case - Recent headlines have starkly illuminated the headwinds facing health care providers struggling...more

Jones Day

Florida Bankruptcy Court Substantively Consolidates Debtor and Non-Debtor Entities

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The Bankruptcy Code does not explicitly authorize the equitable remedy of "substantive consolidation"—i.e., treating the assets and liabilities of two or more related entities as if they belonged to a single, consolidated...more

Kramer Levin Naftalis & Frankel LLP

SDNY District Court Upholds Substantive Consolidation to Eliminate Guarantee Claims

The District Court for the Southern District of New York (the “District Court”), in In re Republic Airways Holdings Inc., 582 B.R. 278 (S.D.N.Y. March 28, 2018), affirmed the Bankruptcy Court for the Southern District of New...more

Patterson Belknap Webb & Tyler LLP

Has Partial Substantive Consolidation Taken Off with Republic Airways Holdings?

Substantive consolidation is the ultimate disregard of the corporate separateness of a group of related debtors--it is “the effective merger of two or more legally distinct (albeit affiliated) entities into a single debtor...more

Jones Day

Ninth Circuit: Federal Law Governs Substantive Consolidation, and Supreme Court’s Siegel Ruling Does Not Bar Consolidation of...

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In Clark’s Crystal Springs Ranch, LLC v. Gugino (In re Clark), 692 Fed. Appx. 946, 2017 BL 240043 (9th Cir. July 12, 2017), the U.S. Court of Appeals for the Ninth Circuit ruled that: (i) the remedy of "substantive...more

Mintz - Bankruptcy & Restructuring Viewpoints

Massachusetts Bankruptcy Court Sends a Reminder on Avoiding the Substantive Consolidation Trap

There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages, to accommodate a lender, or for general organizational purposes. Simply...more

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