Substantive Consolidation in Bankruptcy | Practical Law

Substantive Consolidation in Bankruptcy | Practical Law

A Practice Note summarizing substantive consolidation, including the general factors courts consider in their analysis and their implicit authority under the Bankruptcy Code to grant substantive consolidation. This note also explores the various legal standards bankruptcy courts have developed in determining whether substantive consolidation is appropriate, including the Auto-Train test, the Augie/Restivo test, and the Owen-Corning test.

Substantive Consolidation in Bankruptcy

Practical Law Practice Note 7-521-6812 (Approx. 18 pages)

Substantive Consolidation in Bankruptcy

by Vincent J. Roldan, Mandelbaum Barrett PC, with Practical Law Finance and Practical Law Bankruptcy & Restructuring
MaintainedUSA (National/Federal)
A Practice Note summarizing substantive consolidation, including the general factors courts consider in their analysis and their implicit authority under the Bankruptcy Code to grant substantive consolidation. This note also explores the various legal standards bankruptcy courts have developed in determining whether substantive consolidation is appropriate, including the Auto-Train test, the Augie/Restivo test, and the Owen-Corning test.