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Re: mattchew post# 516811

Wednesday, 04/18/2018 5:57:26 PM

Wednesday, April 18, 2018 5:57:26 PM

Post# of 749756
It seems to me that some dont understand the word Law of Absolute Priority Law.Probablly they need some education on that case.Read below and Learn dont bring up your wishes or dreams as Facts.

https://www.frostbrowntodd.com/resources-the-new-value-exception-to-the-absolute-priority-rule-is-alive-and-well-after-203-north-lasalle.html

The latest from the APR.Read below the link and dont discuss but learn.


http://blogs.harvard.edu/bankruptcyroundtable/2016/11/01/how-absolute-is-the-absolute-priority-rule-in-bankruptcy-the-case-for-structured-dismissals/

A structured dismissal in a chapter 11 bankruptcy case is a court-approved settlement of certain claims by or against the debtor followed by the dismissal of the case. Courts have held that a bankruptcy court cannot approve a settlement unless it complies with the absolute priority rule, paying senior claims in full before any distribution to junior stakeholders.


The argument that a structured dismissal always must follow the absolute priority rule, even when a chapter 11 plan is not confirmable, overstates the current statutory reach of the rule. The rule reached its zenith by judicial launch in 1939 in Case v. Los Angeles Lumber, when the Supreme Court construed the statutory term “fair and equitable” to be synonymous with “absolute priority.”


Capish?Comprende?Understand?


As a result of these enactments, the absolute priority rule is a special, limited rule that does not pervade the current code. Indeed, the very reorganization plan—a consensual chapter 11 plan—that the Supreme Court held was not confirmable in Los Angeles Lumber would be confirmable under the current Code.


And go and cry a River.

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