Can a bankruptcy court may approve a priority-skipping “gift” settlement in a Chapter 11 proceeding prior to the approval of a final plan over the objection of a disadvantaged class of creditors? In this Contribution, Nathan Gencarella (’19) argues that the principles of the recent Supreme Court decision Czyzewski v. Jevic Holding Corp. necessitate the application of the absolute priority rule to pre-plan settlements in order to preserve the integrity of the Bankruptcy Code’s carefully calibrated priority scheme. Ultimately, this Contribution establishes that this extension of Jevic is re-affirmed by both the dictates of public policy and the underlying text of the statute itself.
The Proceedings of the NYU Moot Court Board, or just “Proceedings,” is the online journal of the NYU Moot Court Board, documenting new approaches to unsettled legal questions proceeding from moot court activities, particularly law student competitions.
Proceedings aims to realize for the wider legal community a benefit of mooting that has hitherto accrued only to participants. As most appellate lawyers know, one of the best ways to refine a theory of a case or an area of law is to argue about it, either with colleagues or before law school professors. But student Moot Court competitions, which consider some of the most interesting and intractable problems in law, generate hundreds of hours of formal, inquisitorial analysis of those problems by professors, practitioners, and judges (not to mention reams of legal writing)–and then, too often, the results are thrown away when the competition is over.
No longer. Proceedings is the journal where lawyers and law students can publish their “test results” from the legal laboratory of mooting that tests both old and new approaches to unsettled areas of law. It aims to realize mooting’s potential not only as a valuable educational exercise, but as a productive forum for legal research.