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The Bankruptcy StrategistLJN NewslettersNewsSections

Advanced Payments Denied Priority

By Michael A. Riccardi
September 02, 2015

Advancement claims of executives are not entitled to priority over other claims against an entity in receivership, the Delaware Court of Chancery has ruled in a case of first impression.

Writing in Andrikopoulos v. Silicon Valley Innovation, C.A. No. 9899-VCP (July 30, 2015) Vice Chancellor Donald F. Parsons Jr. said advancement claims should be treated on par with the claims of other unsecured creditors. Along with those of unsecured creditors, Parsons said further, advancement rights claims are to be satisfied on a pro rata basis.

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