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Denial of Modification of a Chapter 11 Plan Is Final and Appealable
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
Court:
With Reservations, a Chapter 11 Debtor with No Financial Distress Avoids Dismissal
Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.
Judge Harner Gives Contours to the Amorphous Notion of ‘New Value’
The ‘new value’ offered by old equity in a chapter 11 plan was insufficient because it was only a small fraction of claims and because the dividend to creditors was also small.
Court: