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    Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
    2024-03-13

    There is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under section 363 of the Bankruptcy Code. A structured dismissal is a cost‑effective way for a debtor to exit chapter 11 and is an alternative to (a) confirming a post‑sale liquidating plan, which is expensive and not always viable, or (b) converting the case to chapter 7, which introduces significant uncertainty and unpredictability with the appointment of a chapter 7 trustee to replace management.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, ASICS
    Authors:
    Timothy Q Karcher , David M. Hillman , Vincent Indelicato , Charles A. Dale
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    A Tale of Two Chapters - “Recognizing” the Significant Differences Between Chapter 15 and Chapter 11 Bankruptcy Cases
    2023-10-04

    In contrast to a case under Chapter 11 of the Bankruptcy Code, which centralizes a company’s debt adjustment efforts in the U.S. and provides for expansive oversight and supervision by a U.S. court, a Chapter 15 recognition proceeding is an ancillary proceeding in which the U.S. court acknowledges the foreign proceeding and gives it effect under applicable U.S. law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sidley Austin LLP, Insolvency, UNCITRAL, US Congress, ASICS, US Constitution, Chapter 11, US Bankruptcy Code, Chapter 15, US Bankruptcy Code, US Bankruptcy Court for the Southern District of New York
    Authors:
    Stephen E. Hessler , Anthony R. Grossi , Carrie Li , Christopher Cheng , Gordon Davidson , Ameneh Bordi , Juliana Hoffman
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
    2024-03-13

    There is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under section 363 of the Bankruptcy Code. A structured dismissal is a cost‑effective way for a debtor to exit chapter 11 and is an alternative to (a) confirming a post‑sale liquidating plan, which is expensive and not always viable, or (b) converting the case to chapter 7, which introduces significant uncertainty and unpredictability with the appointment of a chapter 7 trustee to replace management.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, ASICS
    Authors:
    Timothy Q Karcher , David M. Hillman , Vincent Indelicato , Charles A. Dale
    Location:
    USA
    Firm:
    Proskauer Rose LLP
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