In the Matter of Lothian Oil, Inc., Fifth Circuit Rejects Per Se Rule that Claim Recharacterization Applies Only to Insiders | Practical Law

In the Matter of Lothian Oil, Inc., Fifth Circuit Rejects Per Se Rule that Claim Recharacterization Applies Only to Insiders | Practical Law

In In the Matter of Lothian Oil, Inc., the US Court of Appeals for the Fifth Circuit rejected the per se rule limiting bankruptcy courts' power to recharacterize claims to only those involving company insiders.

In the Matter of Lothian Oil, Inc., Fifth Circuit Rejects Per Se Rule that Claim Recharacterization Applies Only to Insiders

by PLC Finance and Practical Law Bankruptcy & Restructuring
Published on 22 Aug 2011 • USA (National/Federal)
In In the Matter of Lothian Oil, Inc., the US Court of Appeals for the Fifth Circuit rejected the per se rule limiting bankruptcy courts' power to recharacterize claims to only those involving company insiders.