Litigating backstop agreements: The limits of appellate jurisdiction
ABI Journal
Davis Polk partner Adam Shpeen and associate Jinhe Hu recently authored “Litigating backstop agreements: The limits of appellate jurisdiction” in ABI Journal. The article discusses the controversy generated by backstop agreements and the LATAM Airlines Group chapter 11 decision, which supports the proposition that appellate jurisdiction may be lacking where parties appeal orders approving backstop agreements on various grounds related to plan confirmation before a confirmation hearing.
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