Plan Confirmation

The Impaired Insider Paradox and Section 1191(b) Solution The session will introduce commercial bankruptcy practitioners to creative solutions in confirming plans that seems unconfirmable under § 1129(a)(10). To achieve this goal, the audience will be introduced to the issues surrounding artificial impairment, no voting classes, and insiders strategically abstaining from voting. The audience will then be introduced to the toolbox of section 1191(b) alternative cramdown solutions, which the panelists will explain are surprisingly within the reach of a subgroup of cases until now considered complex. Participants will learn how to recognize scenarios that lend themselves to alternative solutions to confirm nonconsensual plans. Participants will also learn about the advantages and limitations of the use of subchapter V of chapter 11 in what are traditionally considered complex cases. Business Suggested Speakers Patty Tomasco pattytomasco@quinnemanuel.com Quinn Emanuel Urquhart & Sullivan, LLP

New York Judge Rejects a ‘Lockup’ Long Before a Plan Is Negotiated

New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.

An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code

How to Reorganize Mass Torts Without Third Party Releases After the Supreme Court's reversal in Purdue, Debtors subject to mass tort liability will not be able to reorganize utilizing third party releases under a plan. Prior to Purdue, the Fifth, Ninth, and Tenth Circuits all prohibited third party releases but debtor subject to mass tort liability have nonetheless been able to reorganize. How did those debtors confirm their plans without third party releases? How will mass tort reorganization different after Purdue? Business Suggested Speakers John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones LLP

Section 1325(b)(1) Held Applicable to Post-Confirmation Amendments to Chapter 13 Plans

Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.

Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

Actual Notice Is Required for a Plan Injunction to Bind a Creditor

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.