The March 2018 edition of the American Bankruptcy Institute Journal features an article published by Jacob L. Houmand and Kyle J. Ortiz titled Substantive Consolidation Might Redefine A Debtor: Impact On Predicate Creditors Under § 544(b).  The article examines recent case law analyzing the effect of substantive consolidation on the corporate form of the consolidated entities and the effect, if any, on a trustee’s standing to bring an action under 11 U.S.C. § 544(b).  Mr. Houmand and Mr. Ortiz were counsel of record for the Chapter 7 Trustee in a recent case highlighted in the article.  The full article can be accessed below and is reprinted with the permission of Elizabeth, Stoltz, Managing Editor, American Bankruptcy Institute:

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