Topic
Plan Confirmation
27 published works
In Solvency
Swift – Motion for Stay Pending Appeal Denied
By Fox Rothschild LLP, Fox Rothschild LLP
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…
Plan Proponent
Insider Status Travels With Claim? 9th Circuit Says No
One person’s successful confirmation of a plan of reorganization is another person’s bad faith abuse of the rules. Last month in In re The Village at Lakeridge, LLC, the Ninth Circuit…
Delaware Bankruptcy Update
Ninth Circuit Rules That Debtor’s Insider Can Sell Claims to Friendly Third Parties and Garner Critical Acceptance Votes on Its Plan
By Fox Rothschild LLP, Fox Rothschild LLP
[caption id="attachment_2515" align="alignright" width="300"] Copyright: ericbvd / 123RF Stock Photo[/caption] In an Alert published today, Audrey Noll examines the Ninth Circuit's recent decision in U.S. Bank N.A. v. The Village at Lakeridge,…
In Solvency
Ninth Circuit Rules That Debtor’s Insider Can Sell Claims to Friendly Third Parties and Garner Critical Acceptance Votes on Its Plan
By Fox Rothschild LLP, Fox Rothschild LLP
[caption id="attachment_2515" align="alignright" width="300"] Copyright: ericbvd / 123RF Stock Photo[/caption] In an Alert published today, Audrey Noll examines the Ninth Circuit's recent decision in U.S. Bank N.A. v. The Village at Lakeridge,…
Restructuring Globalview
Equitable Mootness In The Third Circuit: Dead Or Alive?
The recent decision of the United States Court of Appeals for the Third Circuit in In re One2One Communications, LLC may radically alter the ability of debtors to escape appeals of…
Plan Proponent
ABI Commission Report – Discharge of Claims Upon Confirmation
This is the next post in Plan Proponent’s series on the plan confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we'll wrap-up Section F of the…
Plan Proponent
ABI Commission Report – Third-Party Releases in Plans
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 our prior ABI Commission post, we covered the Commission's…
Restructuring Globalview
The Opera Ain’t Over…Denial of Plan Confirmation Held Not Appealable as a “Final Order”
People are generally familiar with the concept that a party's right to appeal applies to those orders that are "final." A "final" order is one that resolves or disposes of the…
Plan Proponent
ABI Commission Report – Default Plan Treatment Provisions
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 "Default Plan…
Bankruptcy Report
Fifth Circuit: Impairment Can Be “Artificial”
“Cram-down,” “indubitable equivalent,” “hypothetical lien creditor”: these are quintessentially arcane expressions that only a bankruptcy lawyer could love. To this distinguished list can now be added “artificial impairment,” a nice…