“The Increasing Utilization (and Challenges) of Structured Dismissals as an Alternative Disposition of Bankruptcy Cases,” Norton Annual Survey of Bankruptcy Law, Thomson Reuters, Vol. 2021, No. 2021, October 2021.

When a Chapter 11 bankruptcy estate’s assets are sold free and clear of liens, claims, and encumbrances, the cardinal question for stakeholders becomes disposition of the estate. This chapter will analyze the growing trend of structured dismissal orders in bankruptcy cases, provide a survey of recent authorized structured dismissals, and examine potential policy implications of the increased utilization of this alternative disposition.