This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece).We’ve switched over to Section F of the Report regarding “Plan Voting and Confirmation Issues.” Subsection 2, the focus of this post, addresses “Assignment of Voting Rights.”
Background
It’s not
This is the next (long overdue) post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll switch to Section F of the Report regarding “Plan Voting and Confirmation Issues.” Subsection 1, the focus of this post, addresses “Class Acceptance
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In our prior ABI Commission post, we covered the Commission’s recommendations regarding “Exculpatory Clauses” in plans. In this post, we’ll cover the Commission’s recommendations regarding “Third-Party Releases” in
On Monday, the U.S. Supreme Court affirmed the First Circuit Court of Appeals in Bullard v. Blue Hills Bank.
In Part 1, we summarized the decision. Here in Part 2, we’ll provide some humble criticism.
As a recap, the Supreme Court held that, unlike a confirmation or dismissal, an order denying confirmation of
On Monday, the U.S. Supreme Court affirmed the First Circuit Court of Appeals in Bullard v. Blue Hills Bank and, in the process, likely resolved a Circuit split on an important bankruptcy confirmation issue: Is an order denying confirmation of a bankruptcy plan “final” and, thus, immediately appealable? Siding with the majority view, Chief Justice
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll cover the Commission’s recommendations regarding “Exculpatory Clauses” in Section E.2 of the Report.
Chapter 11 plans typically contain exculpatory clauses and/or third-party releases. Essentially,
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll cover the Commission’s recommendations regarding “Default Plan Treatment Provisions” in Section E.1 of the Report.
The Commission addresses 2 common plan provisions: (i) those that
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll cover the Commission’s recommendations regarding post-confirmation entities and claims trading.
The Commission addresses post-confirmation entities and claims trading in the context of disclosure. As a
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll cover the Commission’s recommendations regarding “class-skipping” and “intra-class discriminating” distributions.
Overview of Plan “Gifting” Provisions
As we have discussed in other posts, the Bankruptcy
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll cover the Commission’s recommendations regarding Section 1129(b)(2)(A) and “cramdown” interest rates.
Background on Cramdown Rates and Till
At least for plans proposing deferred cash payments