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Class Action Claims and Chapter 11 Plan Confirmation Issues

Excerpt: Class claims give rise to certain unique issues regarding the voting on and acceptance of a chapter 11 plan. In particular, because a class claim is filed by one entity on behalf of many, the court may be called on to determine whether (or to what extent) the claim should be treated as...

Fifth Circuit Issues Two Decisions Easing Path for Chapter 11 Debtors

Within the span of a few days, Judge Patrick Higginbotham of the Fifth Circuit released two decisions which will ease the way for chapter 11 debtors to confirm their plans. In the first decision, the Court definitively put a stake through the heart of the artificial impairment doctrine, while in ...

Lenders Beware -- Fifth Circuit Has Lowered the Bar for Cramdown Plan Confirmation

by Eugene Kim In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P. , No. 12-10271 (5th Cir. 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ], the court held that the acceptance vote from a minimally and "artificially...