Chapter 11 Plans Archives - Weil Restructuring

Chapter 11 Plans

Chapter 11 Plans, Claims, Mass Torts, Third Party Claims

Supreme Court Rejects Non-Consensual Third-Party Releases in Chapter 11 Plans

Contributor(s)

Zack
Tripp

Ronit J.
Berkovich

Josh
Wesneski

Luke
Sullivan

Sebastian
Laguna

Chapter 11 Plans, Insurance, Litigation Issues, Mass Torts

Supreme Court Supports Standing for Insurers in Chapter 11 Bankruptcy Cases

Contributor(s)

Zack
Tripp

Josh
Wesneski

Shai
Berman

Chapter 11 Plans, Claims, What We're Watching

Ultra IV: Make-Wholes, Never Say Never Again

Contributor(s)

Gabriel A.
Morgan

Assumption & Rejection, Automatic Stay, Chapter 11 Plans, Chapter 15, Cramdown, DIP Financing, Executory Contracts & Unexpired Leases, Financing, International, Jurisdiction & Appeals, Out-of-Court Restructuring, Pre-Filing Considerations, What We're Watching

Aviation Chapter 11 Cases Take Flight

Contributor(s)

Kelly
DiBlasi

Jason
George

Automatic Stay, Chapter 11 Plans, Jurisdiction & Appeals, Litigation Issues, Pre-Filing Considerations, Releases & Exculpations, Rules & Procedures, Third Party Claims, What We're Watching

Will We Have New Rules for Corporate Bankruptcies? Recently Proposed Legislation That Could Reform Chapter 11 Practice

Contributor(s)

Matt
Barr

Lauren
Tauro

Furqaan
Siddiqui

Chapter 11 Plans, Mass Torts, Releases & Exculpations, Third Party Claims, What We're Watching

In Vacating Purdue Pharma’s Confirmation Order, the District Court Determines that the Plan’s Nonconsensual Third-Party Releases Are Not Statutorily Authorized

Contributor(s)

Jessica
Liou

Breaking the Code, Case Overviews, Chapter 11 Plans, Claims, Jurisdiction & Appeals, Post-Confirmation Issues, Rules & Procedures

Yeah, We Can Take It – Texas Bankruptcy Court Defines the Scope of Its Post-Confirmation Jurisdiction

Contributor(s)

Matt
Barr

Arden
Ham

Chapter 11 Plans, Claims, What We're Watching

Ultra III: Make-Whole Never Dies

Contributor(s)

David
Griffiths

Chapter 11 Plans, Claims, What We're Watching

Ultra Petroleum Corp. Make-Whole Saga Continues

Contributor(s)

Alfredo R.
Perez

Chapter 11 Plans, Claims, What We're Watching

To Make-Whole … or Not

Contributor(s)

Alfredo R.
Perez

Chapter 11 Plans, Property of the Estate

Wasn’t Me: The Insured vs. Insured Exclusion (“Side A”)

Chapter 11 Plans

Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem

Contributor(s)

Andriana
Georgallas

Chapter 11 Plans, Plan Solicitation & Voting

Absolute(ly) No – A Reminder That When It Comes to Reorganization, Equity Comes Last

Contributor(s)

Kelly
DiBlasi

Chapter 11 Plans, Cramdown

Joint Plan Cramdown: Per Plan or Per Debtor?

Contributor(s)

Matthew
Goren

Case Overviews, Chapter 11 Plans, Cramdown, Plan Solicitation & Voting, Secured Claims

Upon Further Review, Ninth Circuit Finds No Flag On the Play – Creditor Allowed to Block a Cram-Up Plan Following Claims Purchases

Contributor(s)

David
Griffiths

Case Overviews, Chapter 11 Plans, Cramdown, Litigation Issues, Plan Solicitation & Voting

U.S. Bank N.A. v. Village at Lakeridge, LLC

Contributor(s)

Ronit J.
Berkovich

Chapter 11 Plans, Cramdown, Secured Claims

Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans

Contributor(s)

David
Griffiths

363 Sales, Chapter 11 Plans, Distressed Debt Funds, Jurisdiction & Appeals, Post-Confirmation Issues

The Cloak of Good Faith: Protecting Bankruptcy Sales from Appellate Review

Chapter 11 Plans, What We're Watching

BREAKING NEWS: Structured Dismissals Survive Supreme Court Scrutiny, Strict Adherence to Absolute Priority Rule Specified

Contributor(s)

David
Griffiths

Case Overviews, Chapter 11 Plans, Releases & Exculpations

The Thirteenth Labor of Hercules: Bankruptcy Court Confirms Hercules Offshore Chapter 11 Plan, Approving Debtor Releases Over Committee Objections

Contributor(s)

Stephanie
Morrison

Chapter 11 Plans, Constitutional Law, Employment, Releases & Exculpations, Third Party Claims

Speak Now and Forever Hold Your Release: Gawker Breaks News One Last Time

Chapter 11 Plans, Property of the Estate

Court Finds that Absolute Priority Rule Applies in Individual Chapter 11 Cases

Arbitration, Chapter 11 Plans, Intellectual Property, Litigation Issues, Post-Confirmation Issues

Barred by Res Judicata & Judicially Estopped – Court Finds That Netflix Has No Chill

Chapter 11 Plans, Secured Claims

Third Circuit Adopts Nuanced View of “Equal Treatment” in Context of Pre-Plan Settlement Offers

Chapter 11 Plans, Claims, Cramdown, Secured Claims

Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order

Chapter 11 Plans

The Sixth Circuit’s Take on Artificial Impairment

Chapter 11 Plans, Claims, Cramdown

Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 4)

Automatic Stay, Case Overviews, Chapter 11 Plans, Humor

50 Cent: You Love Him in a Bentley, But Would You Love Him on a Bus? 50’s Creditors Have 21 Questions, and They’re All About U.S. Bankruptcy Law

Contributor(s)

David J.
Cohen

Chapter 11 Plans, Releases & Exculpations

Let Me Be Clear: Fifth Circuit Holds Generic Plan Release Language Lacks Specificity to Discharge Creditor’s Claims Against Officer of the Debtor

Contributor(s)

Matthew
Goren

Chapter 11 Plans

In re Nancy Akbari-Shamirzadi Round 2: TKO

Chapter 11 Plans, Cramdown, Secured Claims

S.D.N.Y. Explores Impairment of a Secured Creditor Retaining its Collateral

Contributor(s)

Kevin
Bostel

Chapter 11 Plans, Claims, Cramdown

Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 3)

Chapter 11 Plans, Claims

Delaware Bankruptcy Court Addresses When, if Ever, Unsecured Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 2)

Chapter 11 Plans, Claims

Delaware Bankruptcy Court Addresses When, if Ever, Unsecured Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 1)

ABI Reform Commission, Chapter 11 Plans, Financial Markets

LSTA to ABI Commission on Chapter 11 Reform: No Way, José

Contributor(s)

David
Griffiths

Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims

Lookback Period: Eight Weeks (Part 3)

Chapter 11 Plans, Secured Claims

Why Won’t the Courts Apply the Plain Language of Section 1141(c)? Second Circuit Misses the Chance to Get It Right in Northern New England Telephone Operations

Avoidance Actions, Chapter 11 Plans, Claims, Executory Contracts & Unexpired Leases, Financing, Jurisdiction & Appeals, Litigation Issues, Lookback Period, News, Professionals, Real Estate, Rules & Procedures, Subordination & Recharacterization

Lookback Period: Two Weeks

Chapter 11 Plans, Claims, Litigation Issues

Speak Before Confirmation or Forever Hold Your Peace: Tenth Circuit Upholds Dismissal of Nondischargeability Suit After Confirmed Plan Treats Claim as “Satisfied in Full”

Chapter 11 Plans

Momentive Plan Confirmation Affirmed: Efficient Market Cramdown Interest Rate Unlikely in Second Circuit Any Time Soon

Contributor(s)

David
Griffiths

Chapter 11 Plans, Jurisdiction & Appeals

The Supreme Court Rigidly Applies the Rules of “Flexible Finality” in Bullard v. Blue Hills Bank

Chapter 11 Plans

Momentive Plan Confirmation Affirmed: Subordination Dispute

Contributor(s)

David
Griffiths

Chapter 11 Plans, Jurisdiction & Appeals

Changes to “Flexible Finality”? Civic Partners and the Supreme Court Oral Argument in Bullard

Chapter 11 Plans, Cramdown, Real Estate

Ninth Circuit BAP: Cramdown, DENIED.

Contributor(s)

Andriana
Georgallas

Chapter 11 Plans, Plan Solicitation & Voting

Momentive Postscript – Bankruptcy Rule 3018: Vote Changing on Chapter 11 Plans: You Can’t Have Your Cake and Eat It, Too

Contributor(s)

David
Griffiths

Chapter 11 Plans, Financing, Releases & Exculpations

Momentous Decision in Momentive Performance Materials Part IV: Make-Wholes and Third Party Releases

Contributor(s)

Jessica
Liou

Chapter 11 Plans, Financing

Momentous Decision in Momentive Performance Materials: Subordination Is as Subordination Does

Chapter 11 Plans, Cramdown, Secured Claims

Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part II

Contributor(s)

David
Griffiths

Chapter 11 Plans, Cramdown, Secured Claims

Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part I

Contributor(s)

David
Griffiths

Chapter 11 Plans

Let’s Call the Whole Thing Off: What Happens if the Bankruptcy Code Says Yes, But the Debtor’s Governance Documents Say No?

Chapter 11 Plans, Professionals, Releases & Exculpations

Indecent Disclosure: How the Failure to Disclose a Third-Party Release Led to Its Undoing

Chapter 11 Plans

No Confirmation Without Representation: New Test Is Proposed for Approval of a Debtor’s Proposed Slate of Post-Confirmation Officers and Directors

Chapter 11 Plans, Cramdown, Real Estate

Recent Bankruptcy Court Decision Renews Debate over Artificial Impairment

Contributor(s)

Matthew
Goren

Chapter 11 Plans

You Thought Your Deal Was Set in Stone? Maybe Not, Says Bankruptcy Court More Than a Decade After Plan Confirmation.

Chapter 11 Plans, Post-Confirmation Issues

Reminder: Not All Prepetition Claims Against Reorganizing Chapter 11 Debtor Are Dischargeable Under Chapter 11 Plan

Chapter 11 Plans

Don’t Do Tomorrow What You Can Do Today Or You Might Just Be Asking for Judicial Intervention Pursuant to Section 1142(b) of the Bankruptcy Code

Chapter 11 Plans, Jurisdiction & Appeals

Open and Shut: Southern District Upholds Denial of Trustee’s Motion to Reopen Case

363 Sales, Chapter 11 Plans

Fisker Credit Bid Controversy Update: Hybrid Leave to Appeal Denied; Wanxiang Wins Auction; Court Approves Sale

363 Sales, Chapter 11 Plans

A Recent Decision in the Fisker Case Brings New Life to the Credit Bidding Debate

Chapter 11 Plans, Slice of the Pie, Valuation

Got Milk? Apparently Not Enough for This Dairy Producer. Court Denies Confirmation Because Plan Not Feasible.

Chapter 11 Plans, Secured Claims

Common-Law Cramdown: The Prohibition on Undue Risk Shifting

Chapter 11 Plans, Claims, Substantial Contribution

When “Fashionably Late” Doesn’t Pay Off – How Section 1141(a) Closes the Door on Recovery Under the “Common Fund” Doctrine

Chapter 11 Plans, Secured Claims

Cramdown Matrix Update: The Well-Adjusted Interest Rate

Contributor(s)

Gabriel A.
Morgan

Chapter 11 Plans, Claims

A Debtor’s Cries for Separate Classification of Garden Variety Unsecured Claim Fall on Deaf Ears

Contributor(s)

Andriana
Georgallas

Chapter 11 Plans, Jurisdiction & Appeals, Mass Torts, Stern Files

Don’t Invoke the Ghost of Anna Nicole Lightly: Ninth Circuit Summarily Rejects Undeveloped Challenge to Bankruptcy Courts’ Constitutional Authority

Chapter 11 Plans, Plan Solicitation & Voting

Don't Designate – Compensate! Court Rules that Designation Is Only Warranted Within the Four Corners of the Bankruptcy Code

Chapter 11 Plans, Plan Solicitation & Voting

Don’t Get Cute with the Court: Filing “Draft” Plan During Debtor’s Exclusive Period Can Cost You, No Matter What You Call It

Chapter 11 Plans, Valuation

Court Holds That Experts’ Valuation Testimony Has Little Value

Chapter 11 Plans, Cramdown, Jurisdiction & Appeals

Circuit Split Watch: When (and Where) an Order Denying Confirmation is Final – and When (and Where) It’s Not

Avoidance Actions, Chapter 11 Plans, Secured Claims

I Thought I Went to Law School to Avoid Math: Calculating Recovery in a Chapter 7 Liquidation in the Context of a Preference Action

Chapter 11 Plans, Claims

Is This What Passive-Aggressive Means? Fifth Circuit Allows Secured Creditor that Took No Action During Chapter 11 Case to Protect Its Lien to Exercise Rights Post-Emergence

Chapter 11 Plans, Claims, Cramdown

BAP Precedent Is Absolute: Bankruptcy Court Defers to BAP and Holds that the Absolute Priority Rule Does Not Apply to Individual Chapter 11 Debtors

Chapter 11 Plans, Jurisdiction & Appeals

Third Circuit Affirms Finding that Debtor’s Co-Defendant Lacked Standing to Object to Plan

Breaking the Code, Chapter 11 Plans

Section 1127(b) – Postconfirmation Modification of a Plan

Chapter 11 Plans, Secured Claims

The Cramdown Matrix: Reloaded

Chapter 11 Plans, Secured Claims

Give a Little, Get a Little: Court Crams Down Plan on Oversecured Creditor Who Faces Substantial Risk Under Debtor’s Plan of Reorganization

Chapter 11 Plans, Secured Claims

Reorganizing a “Refuge from Home Life”: Debtor Rides Rising Hotel Market to Cramdown Confirmation

Chapter 11 Plans, Claims, Cramdown, Jurisdiction & Appeals

Absolute Priority Absolutely Applies . . . In This Case

Chapter 11 Plans, Secured Claims

I Would Do Anything for [Confirmation], But I Won’t Do That

Chapter 11 Plans, Secured Claims

Not Everything Is Bigger in Texas – The Fifth Circuit’s Recent Cramdown Interest Decision

Automatic Stay, Chapter 11 Plans, Real Estate

SARE Tactics: Placeholder Plans May Not Suffice to Protect a Single Asset Real Estate Debtor from Losing Chapter 11 Protections

Chapter 11 Plans, Cramdown, Jurisdiction & Appeals

Seventh Circuit Holds That Absolute Priority Rule Is Still…Absolute

Breaking the Code, Chapter 11 Plans

Section 1144 – Revoking a Confirmation Order

Contributor(s)

Gabriel A.
Morgan

Chapter 11 Plans, Pre-Filing Considerations, Real Estate, Secured Claims

The Battle for Camp Bowie: A Fifth-Circuit Story of Artificial Impairment, Cramdown, and the Risks of Secured Creditors

Chapter 11 Plans, Throwback Thursday

The Bankruptcy Voting Rights Act – Does the Bankruptcy Code Require Universal Suffrage?

Chapter 11 Plans, Secured Claims

Partial Dirt-for-Debt Plans: No Cushion? No Confirmation

Chapter 11 Plans, Cramdown, Secured Claims

Plucked From the Bargain Bin: Testing the Limits of the New Value Exception to the Absolute Priority Rule

Chapter 11 Plans, Plan Solicitation & Voting

No Soliciting? Delaware Court Holds that Restructuring Support Agreement Does Not Constitute Premature Solicitation Warranting Designation of Votes

Chapter 11 Plans, Claims, Cramdown

Individual Debtors in the Tenth Circuit Can’t Escape the Absolute Priority Rule

Chapter 11 Plans, Secured Claims

Can a Partial “Dirt for Debt” Plan Satisfy the “Indubitable Equivalent” Cramdown Standard?

Chapter 11 Plans, Plan Solicitation & Voting

You Asked Your Buddy to Do What? Non-Statutory Insiders and Vote Designation

Chapter 11 Plans, Secured Claims

When It Comes to Cramdown Interest Rate, Court Rules that Prime Rate is Not So Prime

Chapter 11 Plans, Claims, Real Estate

Eastern District Holds Existence of Personal Guarantee Is Insufficient Basis to Separately Classify Deficiency Claim from General Unsecured Claims

Contributor(s)

Andriana
Georgallas

Chapter 11 Plans, Financing, Real Estate, Secured Claims

Separate But Not Equal: Bankruptcy Court Requires Subordinated Secured Debt to Be Classified Separately from Senior Secured Debt

Chapter 11 Plans, Labor & Employment

Blitz Bonus: Court Approves Bonus Plan with Payments to Insiders

Chapter 11 Plans, Plan Solicitation & Voting, Real Estate

It’s Not Bad Faith to Be Friendly: Arizona Bankruptcy Court Rejects Creditor’s Motion to Designate the Vote of a “Friendly” Creditor

Case Overviews, Chapter 11 Plans, Pre-Filing Considerations, Real Estate

Plan Accordingly: After Finding “Artificial” Impairment, Court Finds Plan Proposed In Bad Faith

Case Overviews, Chapter 11 Plans

Eleven Years in Chapter 11

Chapter 11 Plans, Jurisdiction & Appeals

Stop the Presses! Third Circuit Revisits Equitable Mootness in Philadelphia Newspapers Case

Chapter 11 Plans, Tax Issues

Bankruptcy Court Holds No “Blue Light Specials” to Reduce Reorganized Debtor’s Income Tax Liability

Chapter 11 Plans, Claims, Secured Claims

Blocking the Blockers – Ninth Circuit Bankruptcy Appellate Panel Rules that Blocking Confirmation Is Not a Good Cause to Change a Vote … Or Perhaps It Is

Dismissal, Chapter 11 Plans, Real Estate, Secured Claims

Chronicle of the “Unforeseeable” Foretold

Chapter 11 Plans

Court Holds that Bar Dates Should Be of Interest to “Interest Holders”

Chapter 11 Plans, Corporate Governance & Fiduciary Duties

NO WALLFLOWERS HERE: Bankruptcy Court Holds That Disclosure Statement Containing Third Party Release in Favor of Indenture Trustee Must Specifically and CONSPICUOUSLY Inform Bondholders of Release

Chapter 11 Plans, Secured Claims

A Dollar Today Is Worth More Than a Dollar Tomorrow and Other Lessons on “Indubitable Equivalence”

Chapter 11 Plans, Pre-Filing Considerations

One Chapter 11 Is Not Always Enough

363 Sales, Chapter 11 Plans

RadLAX: The Decision Is In – Supreme Court Rules That a Secured Lender Must Be Permitted To Credit Bid If Its Collateral Is Sold Pursuant To a Chapter 11 Plan

Chapter 11 Plans, Insurance, Jurisdiction & Appeals, Mass Torts

Federal Law Trumps: Third Circuit Reaffirms that Section 1123(a)(5)(B) of the Bankruptcy Code Preempts Anti-Assignment Provisions in Insurance Policies

Contributor(s)

Jessica
Liou

363 Sales, Chapter 11 Plans

RadLAX: Further Insight on How the Supreme Court May Approach Credit Bidding

Chapter 11 Plans

“Notwithstanding Section 510(a)…” – Tribune’s Bankruptcy Court Holds that Contractual Subordination Should Not Be Considered in Unfair Discrimination Analysis

363 Sales, Chapter 11 Plans

United States Supreme Court Hears Oral Argument on RadLAX Case

Chapter 11 Plans, Claims, Cramdown

The Absolute Priority Rule is Not So Absolute for Individual Chapter 11 Debtors

Avoidance Actions, Chapter 11 Plans, Involuntary Petitions, Secured Claims

2011: A Reminder to Secured Creditors to Take Nothing for Granted

Contributor(s)

Ronit J.
Berkovich

Chapter 11 Plans, Real Estate

Third Time Was Not the Charm for This Debtor: After Failing to Confirm Two Plans, Debtor Loses Bid to Confirm Third Plan after the Seventh Circuit Rejects Treasury Bonds as “Indubitable Equivalent” to Building Lien

Chapter 11 Plans, Pre-Filing Considerations, Secured Claims

Taking the Long View: How Reorganization is More Like a Marathon and Less Like a Sprint

Chapter 11 Plans, Chapter 9

All aboard! – Owner of Las Vegas Monorail Fails to Ride Out of Bankruptcy

Chapter 11 Plans, Financing

Torpedoing Plans 101: Court Refuses to Enforce Assignment of Junior Creditor’s Right to Vote on a Plan

Case Overviews, Chapter 11 Plans

Confirmed!

Chapter 11 Plans, Chapter 7 Trustees, Post-Confirmation Issues

Picking at the Carcass: Thanksgiving Thoughts from the Weil Bankruptcy Blog

Chapter 11 Plans

The Dangers of a Premature Plan Filing

Chapter 11 Plans, Secured Claims

All or Nothing? Bankruptcy Court Determines that the Partial Surrender of Collateral to a Secured Creditor Is Not the Indubitable Equivalent of the Secured Creditor’s Claim

Chapter 11 Plans, Jurisdiction & Appeals, Pre-Filing Considerations

The Other Subject Matter Jurisdiction Issue: Courts Disagree Over When to Apply the “Close Nexus” Test to Post-Confirmation Disputes

Chapter 11 Plans, Financing, Secured Claims

Tranche Warfare, or How I Learned To Stop Worrying and Love Bankrupt CDOs

Chapter 11 Plans

What’s Fraud Got to Do With It? Permitting Confirmation Orders to Control Over Plan Language

Chapter 11 Plans

The Latest on Colonial Bancorp

Chapter 11 Plans, Jurisdiction & Appeals

Bankruptcy Court’s Post-Confirmation Subject Matter Jurisdiction Has Limitations – Especially Where Discovery Disputes with Post-Confirmation Trusts Are Concerned

Chapter 11 Plans, Claims

Disclosure Statement Saves the Day! Fifth Circuit Provides Guidance on Preserving Claims In a Plan of Reorganization

Chapter 11 Plans, Cramdown, Throwback Thursday

Los Angeles Lumber Remains Absolute More Than 70 Years Later

Chapter 11 Plans, Releases & Exculpations

Catch Me…If You Can: Plan Release Carve-Out May Have Limited “Real Life” Application

Chapter 11 Plans, Secured Claims

A Cram Session on Cramdown Interest Rates

Chapter 11 Plans, Jurisdiction & Appeals

Potential to Increase Size of Post-Confirmation Trust Is Insufficient Basis for Exercise of Bankruptcy Court Jurisdiction

Chapter 11 Plans, Secured Claims

Secured Lenders to Brace for a Longer Race with “Mace” in Place

Chapter 11 Plans, Pre-Filing Considerations

Think You’re Out of Hot Water Once Disclosure Statement Is Approved? Think Again . . . Court Denies Confirmation Over Inaccurate Disclosures

Chapter 11 Plans, Releases & Exculpations

Sacrificing Clarity on the Altar of “Comprehensiveness”: Judge Gerber Suggests Using White Space and Headings in Drafting Complicated Plan Provisions

Chapter 11 Plans

Wrapping up Gifting

Chapter 11 Plans

Texas Bankruptcy Court Warns: Don’t Be Left “Straightjacketed” By Ambiguous Reservation Provisions In Your Plan!

Chapter 11 Plans

Lazarus Raised: Eleventh Circuit Rules that the Bankruptcy Code Preserves Unasserted Challenges of Cram-Down Plans for Appeal

Chapter 11 Plans

No Gift for You! The Second Circuit's DBSD Decision Rejects Gifting Under Chapter 11 Plans

Chapter 11 Plans

How Far is Too Far?: An Analysis of the Second Circuit’s Decision Upholding the Designation of DISH Network’s Vote on the DBSD Plan

Chapter 11 Plans, Secured Claims

Check Yourself Before You Wreck Yourself: Partial Involvement in a Bankruptcy Case May Cause Parties to Lose Protections Under the Bankruptcy Code

Chapter 11 Plans

Pay Me or I’ll Appeal: Second Circuit Recognizes Standing of “Out-of-the-Money” Creditors to Appeal

Chapter 11 Plans

DBSD: The Second Circuit’s Analysis Revealed at Last

Chapter 11 Plans, Claims, Releases & Exculpations

Enjoining the Bank: Arizona Bankruptcy Court Considers Post-Confirmation Injunction Against Enforcing Guarantee

Holiday Posts, Chapter 11 Plans

Despite the Holiday Season, the Second Circuit Apparently Suggests that It Does Not Believe in “Gifting”

Chapter 11 Plans, Pre-Filing Considerations

Getting out the Vote: Quigley Court Designates Votes of Creditors Settling Prepetition with Debtor’s Parent

Chapter 11 Plans, Pre-Filing Considerations

Keeping the (Good) Faith: Quigley Plan Rejection Highlights Importance of Sustaining Bankruptcy Code’s Key Underlying Principles

Contributor(s)

David
Griffiths

Chapter 11 Plans, Releases & Exculpations

Third Party Releases Cause Quigley Plan to Fail the Best Interest Test and Equal Treatment Requirement

Chapter 11 Plans, Claims, Jurisdiction & Appeals

Administrative Claims Catch: After Consummation of the Plan, Fifth Circuit Allows $29.7 Million Administrative Expense

Chapter 11 Plans, Jurisdiction & Appeals

Bankruptcy Court Finds that it Lacks Jurisdiction to Preside over State Law Cause of Action Transferred to Liquidating Trust

Backstop Fees, Chapter 11 Plans, Committees

The Bankruptcy Court Refuses to Compel Debtors to Pay Backstop Fees Incurred by Alternative Plan Proponents

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