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Creditors Debtors Artificial Impairment

Buchalter

Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”

Buchalter on

In order to confirm a chapter 11 plan, at least one class of creditors whose claims are “impaired” must accept the plan. The concept of “impairment” is very broad. Under the Bankruptcy Code, a class of claims is impaired...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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