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Wheeler published in American Bankruptcy Institute Journal

November 2011

Charleston Bankruptcy member Dave Wheeler was published in the November 2011 edition of the American Bankruptcy Institute Journal.  His article, entitled "Out of the Money, but Not Out of the Game," addresses appellate standing for “out of the money” trade creditors.  “What the majority fails to consider, and what appears to most trouble the dissent, is that granting appellate standing to an out-of-the-money creditor holding a claim that may be quite speculative encourages such creditors to hold the reorganization process hostage, a result that is damaging to both the entity seeking to reorganize as well as its creditors holding non-speculative claims,” Wheeler states.