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Substantive consolidation is an equitable doctrine that permits a bankruptcy court, under certain circumstances, to disregard distinctions between parent companies, subsidiaries and affiliates that operate together as a corporate group.
A non-consolidation opinion states that if one or more parent entities of the SPE files for bankruptcy, the bankruptcy court would respect the separate legal existence of the SPE and would not order the substantive consolidation of the assets and liabilities of the SPE with those of one or more of its parent entities, ...
As to the former, a Nonconsolidation Opinion Letter is a letter prepared by an attorney in the same jurisdiction as the real property, by which the attorney opines to the lender that the property will not be subject to what's called \u201csubstantive consolidation\u201d in the event of a bankruptcy that indirectly involves the ...
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