Texas Mineral Liens May Be Modified in a Subchapter V Cramdown Plan
A cramdown plan can reduce the collateral coverage for secured creditors.
‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
A Liquidating Plan Doesn’t Automatically Pass the Best Interests Test, BAP Says
Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says
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A Credit Bid Doesn’t Cap the Value of a Secured Lender’s Collateral
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
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Cramdown Doesn’t Require Strict Enforcement of Subordination, Third Circuit Says
Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
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