Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
Benchnotes July 2025
Journal Issue:
Valuation Strategies in Complex Chapter 11 Cases
On Remand from the Supreme Court in Truck Ins., Fourth Circuit Upholds Confirmation
Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.
Court: