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ABI Journal

Public Companies and Claims Trading

Fifth Circuit Revokes a Controversial Opinion with Dicta on the Solvent-Debtor Exception

Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.

Friday, March 22, 2019
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Friday, March 22, 2019
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Friday, March 22, 2019
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

An Adroitly Drafted Makewhole Is Allowable in Bankruptcy, New York Judge Says

Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.

Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says

Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.