Document Type
Brief
Publication Date
10-17-2016
Abstract
We urge that the decision of the Circuit Court should be affirmed because Petitioners were not injured or prejudiced by the settlement--they are not worse off than if the settlement had been rejected. Aside from that, the remaining issue is whether the bankruptcy court had discretion to approve the instant settlement even though it did not strictly follow the priority rule. We believe that the courts correctly decided not to apply the absolute priority rule under the circumstances of this case. We urge that the Rule need not be followed by a bankruptcy court in approving a settlement. Alternatively, if the Court concludes that further development of the record is warranted, it is respectfully urged that the Court order a remand for consideration of why Petitioners were not included in the settlement and whether there was any means for them to realize a recovery in the bankruptcy.
Publisher
United States Supreme Court
City
Washington D.C.
Volume
Case 137 S.Ct. 973
Issue
Docket Number 15-649
First Page
1
Last Page
46
Recommended Citation
Laura Spitz,
Brief for Professors, Czyzewski v. Jevic Holding Corp. as Amicus Curiae,
Case 137 S.Ct. 973
1
(2016).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/781
Comments
Brief of Amici Curiae Professors Jagdeep S. Bhandari, Susan Block-Lieb, Jessica Gabel Cino, Linda E. Coco, Robert D’agostino, Irina J. Fox, C. Scott Pryor, Theresa J. Pulley Radwan, Nancy B. Rapoport, Michael Sousa, And Laura M. Spitz
Counsel: Richard Lieb & John Collen