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Third Circuit Decision Provides New Guidance on the Unfair Discrimination Standard of Cramdown and the Enforcement of Subordination Agreements When Confirming Cramdown Plans

Contributor(s)

Ronit J.
Berkovich

Theodore
Heckel

Momentive Noteholders Entitled to “Process Efficient” Market Interest Rate on Cramdown Replacement Notes

Contributor(s)

David
Griffiths

Chapter 11 Plans, Cramdown

Joint Plan Cramdown: Per Plan or Per Debtor?

Contributor(s)

Chapter 11 Plans, Cramdown, Secured Claims

Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans

Contributor(s)

David
Griffiths

Chapter 11 Plans

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

Contributor(s)

David
Griffiths

ABI Reform Commission, Distressed Debt Funds

Kill Till: ABI Commission Recommends Market Rate for Cramdowns

Contributor(s)

David
Griffiths

Chapter 11 Plans, Cramdown, Real Estate

Ninth Circuit BAP: Cramdown, DENIED.

Contributor(s)

Andriana
Georgallas

Recent “Family Farmer” Case Shows How Secured Creditors Can Avoid Being Plowed Down By Unfair Cramdown Provisions

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, Secured Claims

Common-Law Cramdown: The Prohibition on Undue Risk Shifting

Chapter 11 Plans, Secured Claims

Cramdown Matrix Update: The Well-Adjusted Interest Rate

Contributor(s)

Gabriel A.
Morgan

Chapter 11 Plans, Secured Claims

The Cramdown Matrix: Reloaded

Chapter 11 Plans, Secured Claims

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

Chapter 11 Plans, Secured Claims

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

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, Secured Claims

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

Chapter 11 Plans, Secured Claims

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

Chapter 11 Plans, Secured Claims

A Cram Session on Cramdown Interest Rates

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

Jurisdiction & Appeals

Momentive Court Declines to Dismiss Creditors’ Appeals as Equitably Moot

Contributor(s)

David
Griffiths

Constitutional Law, Government, Jurisdiction & Appeals

Justice Scalia, Remembered

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)

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)

Lookback Period

Lookback Period — Six Weeks

ABI Reform Commission, Chapter 11 Plans, Financial Markets

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

Contributor(s)

David
Griffiths

Happy 5th Birthday to the Weil Bankruptcy Blog

363 Sales, ABI Reform Commission, Cryptocurrency Issues, Chapter 11 Trustees & Examiners, Chapter 7 Trustees, Cramdown, Lookback Period, Secured Claims, Valuation

Lookback Period: Eight Weeks

Momentive Plan Confirmation Affirmed: I Can See Clearly Now the Claim Has Gone

Contributor(s)

David
Griffiths

Chapter 11 Plans

Momentive Plan Confirmation Affirmed: Subordination Dispute

Contributor(s)

David
Griffiths

Survey

Weil's March Madness: the 2015 Champion is …

Contributor(s)

David
Griffiths

Survey

Weil's March Madness Championship Round

ABI Reform Commission

Making an Exit, Part I: ABI Commission Recommendations on Chapter 11 Plan Content, Voting and Exit Orders

ABI Reform Commission

ABI Chapter 11 Reform Commission: Section 363 of the Bankruptcy Code (No More Quick Sales?)

ABI Reform Commission

ABI Chapter 11 Reform Commission Series: Oversight of the Case (Part I)

ABI Reform Commission

Breaking News: The ABI Commission to Study the Reform of Chapter 11 Issues Its Final Report and Recommendations

Contributor(s)

Ronit J.
Berkovich

Chapter 11 Plans, Plan Solicitation & Voting

To Deem Accepted or Not to Deem Accepted . . . That Is the Question

Contributor(s)

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)

Chapter 11 Plans, Financing

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

Bankruptcy Beach Reading, Humor

BANKRUPTCY BEACH FUTBOL READING – World Cup Edition

Chapter 11 Plans, Cramdown, Real Estate

Recent Bankruptcy Court Decision Renews Debate over Artificial Impairment

Contributor(s)

Throwback Thursday

How a Real Estate Bankruptcy in Georgia Led to One of the Code’s Most Misunderstood Provisions—the Pine Gate Case Revisited, Part Two

Throwback Thursday

How a Single Asset Real Estate Bankruptcy in Georgia Led to One of the Code’s Most Misunderstood Provisions—the Pine Gate Case Revisited

Chapter 11 Plans, Slice of the Pie, Valuation

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

Slice of the Pie, Valuation

A Statutory Review of Bankruptcy Valuation Issues

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

Jurisdiction & Appeals

Supremely Moot: SCOTUS Denies Challenge to Equitable Mootness Doctrine and Second Circuit’s Charter Communications Decision

Chapter 11 Plans, Secured Claims

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

Taking “9” out of “9019”: California Bankruptcy Court Rules 9019 Motions Are Not Required in Chapter 9 Cases

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, 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

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

Automatic Stay Ruling Previews Court’s Take on Plan Classification

Chapter 11 Plans, Secured Claims

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

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

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

Weil Comparative Guide to Restructuring Procedures

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, 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

Second Bankruptcy Trivia Contest Answers

Secured Lenders Thrown A Lifeline? The Seventh Circuit Protects Secured Lenders’ Right to Credit Bid

Chapter 11 Plans, Secured Claims

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

Secured Claims, Throwback Thursday

“Till” is Cherished Still… (Despite Losing the Blog’s Sweet Sixteen Contest)

Chapter 11 Plans

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

Roll-up, Roll-up, Read All about It!

Contributor(s)

David
Griffiths