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Bankruptcy Keyed to Bussel, 12th Ed.
Czyzewski v. Jevic Holding Corp.
Citation:
137 S. Ct. 973 (2017)Facts
In 2006, Sun Capital Partners acquired Jevic Transportation in a leveraged buyout financed by CIT Group. Just two years later, Jevic filed for Chapter 11 bankruptcy. Prior to the bankruptcy filing, Jevic terminated its employees without providing the 60-day notice required by state and federal WARN Acts. The terminated employees sued and obtained a judgment worth $12.4 million, with $8.3 million qualifying as a priority wage claim. Separately, a committee representing Jevic’s unsecured creditors sued Sun and CIT for fraudulent conveyance related to the leveraged buyout. The parties negotiated a settlement that would dismiss the fraudulent conveyance action, distribute the remaining estate assets to general unsecured creditors, but provide nothing to the employees with priority WARN Act claims. The Bankruptcy Court approved this structured dismissal despite acknowledging it violated normal priority rules, citing “dire circumstances” facing the estate.
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