Arvind Ravichandran Authors Article for the American Bankruptcy Law Journal
December 07, 2022
Cravath partner Arvind Ravichandran authored an article entitled “Re‑Examining First Day Trading Order and Tax Status in Bankruptcy after Rodriguez,” which was published in the Fall 2022 Edition of the American Bankruptcy Law Journal. Arvind discusses how the U.S. Supreme Court’s reasoning in the Rodriguez v. FDIC, although only directly addressing the allocation of tax refunds among consolidated taxpayers in bankruptcy, in fact calls into question the analytical underpinnings of bankruptcy court efforts to protect net operating losses of a bankrupt corporation, including the very common practice of issuing first‑day trading orders restricting transfers in a corporation’s shareholdings. The article further discusses the related issue of whether the “flow‑through” status of a bankrupt entity is entitled to protection in a bankruptcy proceeding also.
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J.D., 2012, Columbia Law School
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B.A., 2009, Columbia College
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