Topic
absolute priority rule
21 published works
Bankruptcy Litigation Blog 2.0
Chief Bankruptcy Judge Halfenger Adopts Treasury Rate for Till’s Formula Approach in Chapter 11 Hotel Cramdown
In a meticulous, 32-page opinion that reads more like a finance treatise than a stay-relief ruling, Chief Judge G. Michael Halfenger (Bankr. E.D. Wis.) delivered perhaps the most thorough judicial…
Agricultural Law and Taxation Blog
Farmers, Bankruptcy and the “Absolute Priority” Rule
OverviewFinancial and economic continue to predominate in numerous parts of the ag economy. Current statistics show that economic woes are the most difficult in the dairy sector and other areas…
Plan Proponent
Revisiting David Cassidy and the Absolute Priority Rule
Two years ago this week--February 12, 2015 to be exact--Stone & Baxter launched Plan Proponent. 65 blog posts, 48 email subscribers, and almost 13,000 hits later, here we are. In…
Plan Proponent
American Idol & The Absolute Priority Rule
Back in April, AOG Entertainment and 40+ of its favorite affiliates (collectively, "Core") filed Chapter 11 cases in the Southern District of New York. Those cases are best known as encompassing the…
Georgia Bankruptcy Blog
Southern District of Georgia: Absolute Priority Rule Applies In Individual Chapter 11 Cases
By Scott Riddle
After a hearing on the approval of a disclosure statement, Judge Edward J. Coleman of the Middle District of Georgia ruled that the absolute priority rule and new value exception…
Bankruptcy Report
SCOTUS Grants Cert in Jevic
By Dustin Smith
Yesterday, the Supreme Court granted certiorari in Czyzewski v. Jevic Holding Corp (“Jevic”). As previously reported, Jevic addressed whether a bankruptcy court can approve a settlement agreement that provides for…
Bankruptcy Report
Solicitor General Sides With Priority Creditors In Recent Amicus Brief
By Dustin Smith
Last summer, the HHR Bankruptcy Report analyzed the Third Circuit’s ruling in Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.),[1] which approved, as…
Southern California Bankruptcy Law Blog
The Absolute Priority Rule Applies To Individual Chapter 11 Debtors
Some time ago I wrote in great detail about personal Chapter 11 bankruptcy. In that post I discussed the application of one of the complexities of Chapter 11 bankruptcy to…
Restructuring Globalview
The Ninth Circuit Gives Individual Chapter 11 Debtors A Double-Whammy
Individuals may want to think twice before seeking relief under chapter 11 following a recent decision from the Ninth Circuit Court of Appeals. In Zachary v. California Bank & Trust, the…
Plan Proponent
Ninth Circuit Follows the Lead on Absolute Priority Rule
(If as many people who showed up to the 9th Circuit for Prop 8 showed up for the absolute priority rule, then the absolute priority rule might finally get the…