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Gerrymandering Commercial Bankruptcy

Dechert LLP

Gerrymandering votes in bankruptcy?  The classification of an undersecured claim 

Dechert LLP on

Confirmation of a Chapter 11 plan generally requires the consent of each impaired class of creditors. A debtor can “cramdown” a plan over creditor dissent, however, as long as at least one class of impaired claims accepts the...more

Poyner Spruill LLP

North Carolina Court Quashes Chapter 11 Debtor's Blatant Gerrymandering To Achieve Plan Confirmation

Poyner Spruill LLP on

In a recent decision welcomed by creditors, the United States District Court for the Eastern District of North Carolina reversed a bankruptcy court order confirming a Chapter 11 debtor’s plan because the debtor engaged in...more

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