Private Credit Lenders: What’s a “Structured Dismissal” and Why Should You Care?

Private Credit Lenders: What’s a “Structured Dismissal” and Why Should You Care?

Despite the Supreme Court’s rejection of a structured dismissal in 2017, there is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under Section 363 of the Bankruptcy Code. A structured dismissal is a cost-effective way for a company to exit chapter 11 and is an alternative to (a) confirming a post-sale liquidating plan, which is expensive and not always viable, or (b) converting the case to chapter 7, which introduces significant uncertainty and unpredictability with the appointment of a trustee to replace management. Private credit lenders should take note of this approach because structured dismissals slash significant costs from an already expensive chapter 11 process. This article explains when structured dismissals are ripe for consideration, the alternatives on the table after a successful Section 363 sale, and the reasons why structured dismissals are gaining popularity.

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