Charles Riecke Published in ABI Journal
"Enough Is Enough: Second Circuit Imposes the Absolute Priority Rule upon Chapter 11 Pre-Plan Settlements, with Limited Exception"

Charles's article ("Enough Is Enough: Second Circuit Imposes the Absolute Priority Rule upon Chapter 11 Pre-Plan Settlements, with Limited Exception") in the May issue of the ABI Journal notes that "Causes of action belonging to bankruptcy estates often exist in economic purgatory: potentially recoverable, but under- or unfunded. Of necessity then, estate representatives often employ creative financing vehicles or terms in order to bring such causes of action to life. Sometimes, however, these funding solutions exceed permissible bounds."