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Limited Liability Company (LLC) › Substantive Consolidation

Patterson Belknap Webb & Tyler LLP

Has Partial Substantive Consolidation Taken Off with Republic Airways Holdings?

Patterson Belknap Webb & Tyler LLP on

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...

Jones Day on

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

Mintz - Bankruptcy & Restructuring Viewpoints on

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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