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Chapter 11 Bankruptcy Code Recharacterization

Troutman Pepper

What Is the Difference Between Recharacterization and Equitable Subordination and How Can They Affect My Claim? - Creditor’s...

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When a company files for bankruptcy, creditors often wonder if they will get paid. The answer depends on the priority and treatment of each claim in the bankruptcy process. Troutman Pepper's Creditor’s Rights Toolkit...more

Blank Rome LLP

Subordination and Recharacterization

Blank Rome LLP on

This practice note discusses how a bankruptcy court may recharacterize documents that purport to create a loan transaction and determine that the transaction, despite labels, is something else—a transaction providing for a...more

Jones Day

Bankruptcy Court Recharacterizes Purported Loan as Equity

Jones Day on

It is generally recognized that a bankruptcy court has the power—either equitable or statutory—to recharacterize a purported debt as equity if the substance of the transaction belies the labels the parties have given it. A...more

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