Texas Courts Are Split on Ignoring Nonvoting Classes in Confirming a Sub V Plan
A bankruptcy judge in San Antonio disagreed with two bankruptcy judges in Houston by holding that a nonvoting class is equivalent to rejecting a plan in Subchapter V of chapter 11.
Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V
Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.
Court:
PPP: Post-Purdue Pharma
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Nondischargeability in Sub V Only Applies When It’s a Nonconsensual, Cramdown Plan
A creditor must control a class before its debt can become nondischargeable in Subchapter V.
Judicial Talk: Read the Freaking Code
Judge Thorne Describes the Quantum of Evidence Needed to Show a Plan Is Fair and Equitable
Although a ‘true-up’ cannot be imposed, a debtor could employ a ‘true-up’ to confirm an otherwise nonconfirmable plan.