In this third alert
, we consider the findings in the New Look and Regis CVA challenge cases from the point of view of valuing landlord claims, counting the votes of unimpaired creditors and disclosure. Both of these challenges cases alleged that there has been non-disclosure, and therefore a material irregularity, and challenged the way that the landlords’ claims had been valued for voting purposes and objected to counting the votes of unimpaired creditors (i.e those creditors who are usually paid in full). Although the findings in both of these cases are fact specific there are some helpful pointers in the judgment about what they can expect when it comes to voting and disclosure.
