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Supreme Court Weighs-In on the Finality of Confirmation Orders (Part 2) - Plan Proponent
http://www.planproponent.com/supreme-court-weighs-in-on-the-finality-of-confirmation-orders-part-2
A Bankruptcy Confirmation Blog. Supreme Court Weighs-In on the Finality of Confirmation Orders (Part 2). May 8, 2015. On Monday, the U.S. Supreme Court affirmed the First Circuit Court of Appeals in Bullard v. Blue Hills Bank. We summarized the decision. Here in Part 2, we’ll provide some humble criticism. As a recap, the Supreme Court held that, unlike a confirmation or dismissal, an order. It’s easier for us to criticize. Problem 1: The “exclusive” right to freely amend plans is illusory. That the rate...
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Download Our Article on SCOTUS' Baker Botts v. ASARCO Case as a .pdf - Plan Proponent
http://www.planproponent.com/download-our-article-on-scotus-baker-botts-v-asarco-case-as-a-pdf
A Bankruptcy Confirmation Blog. Download Our Article on SCOTUS’ Baker Botts v. ASARCO Case as a .pdf. July 16, 2015. As we discussed in two prior posts, on June 15, 2015, a 6-3 Supreme Court held in the Chapter 11 case of. Baker Botts, L.L.P. v. ASARCO, LLC. That bankruptcy professionals employed under Section 327(a). Of the Bankruptcy Code may not, under Section 330(a)(1). Of the Bankruptcy Code, recover as compensation fees incurred in defending their bankruptcy fee applications. Stone and Baxter, LLP.
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20 Questions about Baker Botts v. ASARCO & "Fee-Defense" Costs - Part 1 - Plan Proponent
http://www.planproponent.com/20-questions-about-baker-botts-v-asarco-fee-defense-costs-part-1
A Bankruptcy Confirmation Blog. 20 Questions about Baker Botts v. ASARCO & “Fee-Defense” Costs – Part 1. June 29, 2015. Courtesy of Dave’s iPhone on June 18, 2015). Two Thursdays ago, we visited my wife’s family in Potomac, Maryland. In addition to seeing the usual sites, we did a Supreme Court “drive-by” and snapped the above photo, a. Now outdated, but still very political picture. Indeed, Friday morning, the Supreme Court issued its 5-4 decision in. Obergefell v. Hodges. King v. Burwell. In this post,...
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ABI Commission Report - Approval of 363x Sales - Plan Proponent
http://www.planproponent.com/abi-commission-report-approval-of-363x-sales
A Bankruptcy Confirmation Blog. ABI Commission Report – Approval of 363x Sales. March 6, 2015. 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). Part B of the “Exiting the Case” piece is titled “Approval of Section 363x Sales.”. Part B is just one of many sections of the Report addressing the sale of all or substantially all of a debtor’s assets under Section 363(b). Additional pote...
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ABI Commission Report - Class Acceptance & Cramdown - Plan Proponent
http://www.planproponent.com/abi-commission-report-class-acceptance-cramdown
A Bankruptcy Confirmation Blog. ABI Commission Report – Class Acceptance & Cramdown. June 8, 2015. This is the next (long overdue) post in Plan Proponent’s series. On the confirmation-related recommendations in the ABI Commission Report. And, in particular, its Exiting the Case. Overview of Plan Voting. On a creditor, not the impact of the bankruptcy case on the creditor. Under Section 1122. Requires at least one accepting impaired class. The Commission refers to the “one-half number of allowed...Ultimat...
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ABI Commission Report - Absolute Priority Rule and Plan Gifting Provisions - Plan Proponent
http://www.planproponent.com/abi-commission-report-absolute-priority-rule-and-plan-gifting-provisions
A Bankruptcy Confirmation Blog. ABI Commission Report – Absolute Priority Rule and Plan Gifting Provisions. April 19, 2015. 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 “class-skipping” and “intra-class discriminating” distributions. Overview of Plan “Gifting” Provisions. As we have discussed in other posts.
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20 Questions about Baker Botts v. ASARCO & "Fee-Defense" Costs - Part 2 - Plan Proponent
http://www.planproponent.com/20-questions-about-baker-botts-v-asarco-fee-defense-costs-part-2
A Bankruptcy Confirmation Blog. 20 Questions about Baker Botts v. ASARCO & “Fee-Defense” Costs – Part 2. July 14, 2015. Courtesy of Dave’s iPhone on June 18, 2015). As a recap of Part 1. On June 15, 2015, a 6-3 Supreme Court held in the Chapter 11 case of. Baker Botts, L.L.P. v. ASARCO, LLC. That bankruptcy professionals employed under Section 327(a). Of the Bankruptcy Code may not, under Section 330(a)(1). Did not draw nearly as much attention as. Obergefell v. Hodges. King v. Burwell. 11 How did the di...
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Supreme Court Weighs-In on the Finality of Confirmation Orders (Part 1) - Plan Proponent
http://www.planproponent.com/supreme-court-weighs-in-on-the-finality-of-confirmation-orders-part-1
A Bankruptcy Confirmation Blog. Supreme Court Weighs-In on the Finality of Confirmation Orders (Part 1). May 7, 2015. On Monday, the U.S. Supreme Court affirmed the First Circuit Court of Appeals in Bullard v. Blue Hills Bank. And, in the process, likely resolved a Circuit split on an important bankruptcy confirmation issue: Is an order. Confirmation of a bankruptcy plan “final” and, thus, immediately appealable? 8216;s procedural history is pretty straightforward. The First Circuit’s Bankruptcy Ap...
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ABI Commission Report - Discharge of Claims Upon Confirmation - Plan Proponent
http://www.planproponent.com/abi-commission-report-discharge-of-claims-upon-confirmation
A Bankruptcy Confirmation Blog. ABI Commission Report – Discharge of Claims Upon Confirmation. July 21, 2015. 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 Report regarding Plan Voting and Confirmation Issues. Subsection 5, the focus of this post, addresses Discharge of Claims Upon Confirmation. Overview of Section 1141. Individu...
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ABI Commission Report - Exculpatory Clauses in Plans - Plan Proponent
http://www.planproponent.com/abi-commission-report-exculpatory-clauses-in-plans
A Bankruptcy Confirmation Blog. ABI Commission Report – Exculpatory Clauses in Plans. May 1, 2015. 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 “Exculpatory Clauses” in Section E.2 of the Report. Chapter 11 plans typically contain exculpatory clauses. They should be properly disclosed. In our next post, weR...
