Topic
Plan Confirmation
27 published works
Bankruptcy Law Insights
Absolute Priority Rule Absolutism? Strict Interpretation of Bankruptcy Code Cramdown Provisions Nearly Causes Hawker Beechcraft Plan Confirmation to Skid Along the Runway
By Ben Feder
By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a…
Bankruptcy Law Insights
Second Circuit Affirms Unfavorable Plan Treatment of Senior Secured Creditor in DBSD North America
By Ben Feder
The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD…
Delaware Bankruptcy Update
Decision in Spansion Addresses Issues That Arise During Plan Confirmation
Introduction On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the "Opinion") in the…
In Solvency
Decision in Spansion Addresses Issues That Arise During Plan Confirmation
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the "Opinion") in the…
In The (Red)®
Third Circuit Shoots Down Plan Confirmation, Finding Improper Gerrymandering
In an interesting decision issued last month in a case called In re Machne Manachem, Inc., the Third Circuit upheld a district court's decision to reverse confirmation of a Chapter 11 plan…
Delaware Corporate & Commercial Litigation Blog
Stay of Appeal Lifted Due To Lack of Bond
The always erudite Steve Jakubowski provides commentary here on his Bankruptcy Litigation Blog about a recent decision by Judge Scheindlin (of e-discovery fame), regarding her decision to dissolve a stay pending…
Georgia Bankruptcy Blog
NDGa – Chapter 13 Plan Could Not Discriminate In Favor of NonDischargeable Claims
By Sunghee Sohn
11 U.S.C. §1322; Confirmation of Plan; Discrimination of Claims In re Mulkey, 2005 Bankr. LEXIS 2188, Case No. 04-81390 (Bankr. N.D. Ga. September 28, 2005)(Massey) Debtor proposed a Chapter 13…