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Brief For Professors, Czyzewski V. Jevic Holding Corp. As Amicus Curiae, Laura Spitz
Brief For Professors, Czyzewski V. Jevic Holding Corp. As Amicus Curiae, Laura Spitz
Faculty Scholarship
We urge that the decision of the Circuit Court should be affirmed because Petitioners were not injured or prejudiced by the settlement--they are not worse off than if the settlement had been rejected. Aside from that, the remaining issue is whether the bankruptcy court had discretion to approve the instant settlement even though it did not strictly follow the priority rule. We believe that the courts correctly decided not to apply the absolute priority rule under the circumstances of this case. We urge that the Rule need not be followed by a bankruptcy court in approving a settlement. Alternatively, if …