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Artificial Impairment Reorganizations

Perkins Coie

Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently issued two decisions that affect a borrower’s ability to confirm a bankruptcy plan, Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village...more

Troutman Pepper

Village At Camp Bowie: The Fifth Circuit Weighs In On Artificial Impairment

Troutman Pepper on

A key tenet of reorganization under Chapter 11 is that if the debtor’s plan impairs creditors, at least some of those creditors must agree to the plan. More specifically, “if a class of claims is impaired under the plan, at...more

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