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 552(b) and the “Equities of the Case” exception.
Section 552(b) addresses the effect of pre-petition liens on post-petition property.
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 506(c) and charges against collateral.
Section 506(c) provides that the “trustee may recover from property securing an allowed secured
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 wrapped-up “Redemption Option Value” in our last post and then had an unplanned 2 week hiatus. In this post, we’ll cover the Commission’s quick recommendation on the absolute
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 introduced the Commission’s “Redemption Option Value” (“ROV”) recommendation in our prior post. We’ll wrap-up the ROV discussion in this post by discussingthe ROV calculation itself.
In preparing
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). Continuing with Part C.1 (“Creditor’s Rights to Reorganization Value and Redemption Option Value”) from our last post, this post will introduce “Redemption Option Value.”
The issue driving the Commission’s
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 addressed Part A (section 1 and section 2) and Part B in prior posts. Part C (“Value Determinations, Allocation, and Distributions”) is more involved. Therefore, we’ll
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). Part B of the “Exiting the Case” piece is titled “Approval of Section 363x Sales.”
Acknowledging various concerns raised by courts about Section 363 sales, the Commission considered the
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). Part A of that piece is titled “General Authority of Debtor in Possession and its Board of Directors.” The second section of Part A (and this post) addresses the
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report. Click here for the Introduction. Over the next 2 months, Plan Proponent will dig into the Exiting the Case piece of the Report. Part A is titled “General Authority of Debtor in Possession and its Board
Last Wednesday, David Cassidy, star of the 1970s “The Partridge Family,” filed an individual Chapter 11 bankruptcy petition in the Southern District of Florida. Perhaps it’s wishful thinking to wonder whether Mr. Cassidy will help resolve the most controversial plan confirmation issue in individual Chapter 11 cases: the “absolute priority rule” (APR). After all, who