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The Secret Life of Priority: Corporate Reorganization after Jevic
[article]
2021
Academics have long debated whether the order of bankruptcy distributions should be "absolute" or "relative." Should courts have the flexibility to scramble priority to serve some greater good? The Supreme Court's recent decision in Czyzewski v. Jevic Holding Corp. holds that the answer is "no": priority is absolute absent the consent of affected creditors. "Consent" is not self-defining, however, and is largely ignored in debates about priority. This is a problem because consent is hard to
doi:10.34944/dspace/6636
fatcat:2w3zg4sdtrgzxdil6uu273c3bq