Absolute Priority Rule

(Kate B.’s “Turkey Art”) (2015)

On Thanksgiving no less (one of my favorite days to post), we continue our series about Georgia’s Ret. Judge W. Homer Drake, Jr. I’m running out of neat Judge Drake pictures so we’ll reuse Kate’s (abstract) Thanksgiving art instead.

You can find the introductory post here. After that, we covered the first half of Judge Drake’s Top 10 Chapter 11 confirmation opinions (#10 through #6) here. And then we covered #5 here. Today we’ll just cover #4 because it’s so extensive and I need to pick up our Fincher’s turkey by 11. We’ll wrap it up with the Top 3 by month-end.

With that, here is Judge Drake’s fourth most cited and perhaps his most scholarly and extensive confirmation opinion.


Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 3 (#4)

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 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

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). 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

Album2Last 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