Today we wrap-up our month-long series on Georgia’s Ret. Judge W. Homer Drake, Jr. Click here if you missed the first five posts. In this post, we finally get to Judge Drake’s #1 most cited Chapter 11 confirmation opinion, Metrocraft Publishing, a 37 year old disclosure statement opinion involving Paul Bonapfel before he was Bankruptcy Judge Bonapfel. And if you stick around, we’ve got a bonus paragraph or two about EMD, LLC v. Stabilis Fund II, LLC (2014), a 35 page (!) Till opinion that, while missing inexplicably from Westlaw, might be Judge Drake’s hidden masterpiece on confirmation issues.Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 6 (#1)

As you can’t help but know by now, we’ve been covering Georgia’s Ret. Judge W. Homer Drake, Jr. Click here if you missed the first four posts. We’ll wrap-up Judge Drake’s Top 10 Chapter 11 confirmation opinions by Tuesday, with today’s post covering #2. We’re excited to have financial advisor and Till expert Richard Gaudet, of GGG Partners in Atlanta, reverse engineer in this post Judge Drake’s pre-Till analysis 30 years later, because why not? And for some New York Times worthy trivia about Judge Drake’s chambers, see below in the conclusion.Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 5 (#2)

Once again from my in-laws’ home in Potomac, Maryland, here’s Plan Proponent’s Best of 2017 post, a link by link Top 10 of our third year of blogging–although my wife just asked, in rather savage fashion, “Did you even have 10 posts this year?” Wow. (We had 11 posts, so one unlucky post about

The Association of Insolvency & Restructuring Advisors published its 1st Quarter 2017 Journal last Friday. Richard Gaudet, of HDH Advisors, LLC, and I wrote the article titled “Till Realized: Calculating Objective Chapter 11 Cramdown Rates without Expert Testimony.” The focus of the article is on the application of the U.S. Supreme Court

(The Capitol from the Supreme Court on 12/30/16 via Dave’s iPhone)

Once again from my in-laws’ home in Potomac, Maryland, here’s Plan Proponent’s Best of 2016 post. With our second year in the bag, we’ll dispense with the formalities and get straight to the Top 10, link by link. In honor of our Supreme

Last month, Judge Laura Grandy, a bankruptcy judge in the Southern District of Illinois, entered confirmation opinion in STC, Inc.’s Chapter 11 case. The opinion is noteworthy for 2 reasons. First, it amounts to an excellent treatise on the Section 1129 confirmation requirements. Second, I’m honored that Judge Grandy cited in her opinion the American