Article Annual Survey of Bankruptcy Law

Recharacterization of Debt to Equity: An Overview, Update, and Practical Guide to an Evolving Doctrine

In this article, James H.M. Sprayregen, Jonathan Friedland and Salvatore Bianca provide an overview of equitable subordination and debt recharacterization, examine recent case law developments, and provide practical tips to pracitioners faced with avoiding, bringing, or defending recharacterization actions.