What Do You Mean There Won't Be Gifts This Year?: Why Practitioners Cannot Rely Upon Gifting Provisions in Chapter 11 Reorganization Plans in the Fifth Circuit

Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyzes the evolution of the gifting doctrine and its uncertain future as a result of the Second Circuit's holding in DBSD North America. Parts II and III provide a brief explanation of the Chapter 11 reorganization process, as well as a history of the absolute priority rule and the cases that led up to the DBSD opinion. Part IV discusses the DBSD decision and its implications on the practice of gifting.

Description

Keywords

Chapter 11 reorganization, Rehabilitating financially troubled debtors, The Gifting Doctrine, History of the Absolute Priority Rule, Second Circuit rejects SPM Manufacturing Corporation gifting, Gifting as a valid tool, Potential alternatives to gifting

Citation

Lauren E. McDivitt, What Do You Mean There Won't Be Gifts This Year?: Why Practitioners Cannot Rely Upon Gifting Provisions in Chapter 11 Reorganization Plans in the Fifth Circuit, 44 Tex. Tech L. Rev, 1019 (2011-2012)