Plan Confirmation

Sub V Plan Doesn’t Require Automatic Increases Based on Actual Disposable Income

Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.

Recent Confirmation Issues

Big Stuff on Chapter 11 from the Second Circuit and Elsewhere

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

The Impaired Insider Paradox and the § 1191(b) Solution

July 2024

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