Revisiting Till: Has a Consensus Emerged in Chapter 11s?

Steven M. Hartmann, a partner in the Bankruptcy and Financial Restructuring Practice Group, co-authored a recent article that was featured in the ABI Journal, a publication of the American Bankruptcy Institute. The article, titled “Revisiting Till: Has a Consensus Emerged in Chapter 11s?” examines the applicability of the U.S. Supreme Court’s holding in Till v. SCS Credit Corp., 541 U.S. 465, 124 S. Ct. 1951, 158 L. Ed. 2d 787 (2004), in Chapter 11 cramdown scenarios. The article also reviews post-Till Chapter 11 case law.