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Czyzewski v. Jevic Holding Corp. :Priority and Process Values[27 Oct]

SpeakerProf. Jonathan Lipson, School of Law, Temple University

CommentatorsXu Yangguangassociate professorLaw School of Renmin University

Song Biaoassociate professorLaw School of Renmin University

ChairChi cheng Ph.D candidate, Renmin Law School

Time 19:00-21:0027 OctFriday2017

VenueRoom725 Mingde Law building


Biography

Professor Jonathan Lipson holds the Harold E. Kohn Chair and is a Professor of Law at Temple University—Beasley School of Law. His research focuses on problems of governance and information asymmetry in business failure. He has published in many of the nation’s top law reviews, including those of the UCLA, Boston University, Notre Dame, and Southern California law schools. Professor Lipson has published two articles on the use of "examiners" in chapter 11 bankruptcies, the second of which won the Editors’ Prize as the best paper published in the American Bankruptcy Law Journal in 2016. His study of employment at the Trump Casino bankruptcies received widespread attention, and was noted in Hillary Clinton’s presidential campaign. Professor Lipson is a member of the American Law Institute, a Regent of the American College of Commercial Finance Lawyers, and is active with the Business Law Section of the American Bar Association. He is now a member of the Section Council and the Corporate Laws Committee. Prior to teaching, Professor Lipson was a lawyer.


Abstract

The US Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp. (in re Jevic) is widely viewed as the Court’s most important opinion on corporate reorganization in at least a generation. Academics have long debated whether the courts have the flexibility to scramble priority to serve some greater good? The Supreme Court’s recent decision in Jevic holds that priority is “absolute,” absent the consent of priority creditors. However, Jevic is not only about priority, it is also, more importantly, about process. Professor Lipson will asses Jevic’s process values of participation, predictability, and procedural integrity, and will analyse the influence caused by this values. He will also express his opinion on the opportunities after Jevic.

 

 
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