Tag Archives: structured dismissal

Are Structured Dismissals on Hold Pending the Supreme Court’s Decision in Jevic?

American Apparel, the struggling clothing manufacturer and retailer, found itself in chapter 11 this past November after failing to implement its turnaround plan amid a challenging retail environment.  Last week, Judge Shannon in the District of Delaware approved a largely consensual sale of American Apparel’s assets to Gildan Activewear.  While the hearing transcript is not … Continue Reading

Jevic Holding Corp.: Is The Supreme Court Now Ready To Strike Down Structured Dismissals?

In a prior post, we discussed the Third Circuit Court of Appeals’ decision in Jevic Holding Corp., where the court upheld the use of so-called “structured dismissals” in bankruptcy cases, and the Supreme Court’s grant of certiorari.  Yesterday, the Supreme Court heard oral argument in Jevic.  The Court’s ultimate ruling will likely have a significant … Continue Reading

Jevic Holding: The Case That Keeps On Giving

The Jevic Holding Corp. bankruptcy case is proving to be precedent setting.  In a prior post, we examined how the court had greatly increased the evidentiary burden on a party seeking to hold one company liable for the debts of another company under a “single employer” theory.  That ruling was seen as a boon for … Continue Reading