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John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, writes that although the typical case of substantive consolidation calls for the merger of multiple entities into one, one recent litigation involved a structure pursuant to which numerous debtors were consolidated into one of three debtor groups. Despite the fact that the consolidation was not a typical "many-into-one" structure, he reports, the District Court for the District of Delaware found that this "many-into-three" consolidation still constituted substantive consolidation and unfairly harmed certain creditors.
July 02, 2009 at 12:00 AM
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