Topic
Plan Confirmation
27 published works
Bankruptcy Litigation Blog 2.0
District Court Denies Stay of Del Monte Confirmation Order, Holding the Risk of Equitable Mootness Alone Isn’t Irreparable Harm and Economic Grievances are Compensable Through Ordinary Remedies
Plan Confirmation and Appeal: In the Del Monte Foods chapter 11 bankruptcy case, the Ad Hoc Group of Minority Secured Lenders sought an emergency stay pending appeal of Bankruptcy Judge…
Real Estate, Development, Sales and Leasing Industry Legal Blog
Plan Confirmations in Bankruptcy: Why Creditors Must Pay Attention
When a business files for Chapter 11 bankruptcy, the case usually builds toward one key moment: plan confirmation. The confirmed plan becomes the binding roadmap for how debts are repaid,…
Plan Proponent
Plan Proponent is Ten Years Old!
Last night I wrapped-up a two-part lecture on bankruptcy plan confirmation for Gary Marsh’s Complex Restructuring course at Emory Law. Without this blog, I likely wouldn’t have had that neat…
Restructuring Globalview
To Estimate or Not to Estimate, that is the Question
By Kyle Arendsen, Christopher Giaimo
Is there any downside to a debtor filing a motion to estimate a claim? Or, is an estimation motion simply procedural in nature? As the debtors recently discovered in In…
Real Bankruptcy Intel
Recent Delaware Decisions Show Divergent Views on Third-Party Release Procedures
By Sean T. Scott, Aaron Gavant, Alexander F. Berk
Two recent decisions from Delaware illustrate somewhat divergent views from the bankruptcy bench on the proper procedures for obtaining non-debtor releases in confirmed plans of reorganization. In both In re…
Bankruptcy Litigation Briefing
Beware of Broad Release Language in Confirmation Plan
In a recent an opinion, the Delaware Bankruptcy Court enforced the broad release language in a confirmation plan to release certain entities that were never intended to be released. The…
In Solvency
Beware of Broad Release Language in Confirmation Plan
In a recent an opinion, the Delaware Bankruptcy Court enforced the broad release language in a confirmation plan to release certain entities that were never intended to be released. The…
Bankruptcy & Restructuring Law
The Increased Use of Combined Hearings and Combined Plan and Disclosure Statements in Delaware
Since February 2016, the Local Rules for the United States Bankruptcy Court for the District of Delaware provide for combined hearings on approval of disclosure statements and confirmation of plans…
Restructuring Globalview
Ninth Circuit Makes Plan Confirmation More Expensive And Doubtful
What does it mean to “cure” a default in the context of a plan of reorganization? This question arises by virtue of section 1123(a)(5)(G) of the Bankruptcy Code, which requires…
Delaware Bankruptcy Update
Swift – Motion for Stay Pending Appeal Denied
On June 29, 2016, Judge Sleet of the Delaware District Court entered an order denying a motion for stay of the Debtors' plan confirmation pending appeal. A copy of the…