Supreme Court to Address Circuit Split Regarding Debt Re-Characterization Claims

Submitted by Anonymous (not verified) on Tue, 09/05/2017 - 19:00
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On June 26, 2017, the Supreme Court granted certiorari in PEM Entities v. Levin to decide whether bankruptcy courts should apply a federal multi-factor test or an underlying state law when deciding whether to re-characterize a debt claim as equity. The Court’s decision to grant cert in this case should resolve a circuit split and clarify the law as it relates to re-characterizing corporate debt as equity. Read More ›
Tags: 6th Circuit Court of Appeals, Chapter 11, U.S. Supreme Court