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Expert Analysis

Substantive Consolidation Remains Alive And Well

By John Loughnane, Nutter McClennen & Fish LLP ( January 18, 2017, 11:54 AM EST) -- Two recent opinions concerning the law of substantive consolidation should be of interest to business owners and commercial real estate market participants. The doctrine of substantive consolidation allows a bankruptcy court, in certain circumstances, to augment the assets of a debtor's bankruptcy estate with the assets of others affiliated with the debtor. The two decisions both involved efforts by Chapter 7 trustees to substantively consolidate the assets of related, nondebtor entities with the bankruptcy estate administered by each trustee....

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