Chapter 11 Cram-Up Plans: Overcoming Objections, Non-Curable Defaults, Providing Indubitable Equivalent
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will instruct bankruptcy attorneys about creating and opposing "cram-up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors.
Outline
- Cramdown vs. cram-up
- Relevant Bankruptcy Code provisions
- Terms of cram-up plans
- How to determine if cram-up is feasible
- Recent cases
Benefits
The panel will review these and other significant issues:
- What are the best ways to plan for cram-up before filing?
- What covenants may make it impossible to effect cram-up?
- What constitutes the "indubitable equivalent" of a creditor's interests?
Faculty
Stephen B. Selbst
Partner
Herrick, Feinstein
Mr. Selbst has more than 30 years of experience representing debtors, creditors, official committees, distressed... | Read More
Mr. Selbst has more than 30 years of experience representing debtors, creditors, official committees, distressed investors and asset purchasers in bankruptcies and out-of-court restructurings. He is a frequent lecturer on bankruptcy and restructuring topics and has published articles and book chapters on bankruptcy-related topics. He has been frequently quoted in newspaper articles on insolvency related topics and has appeared on CNBC.
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Steven B. Smith
Partner
Herrick, Feinstein
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter... | Read More
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter 11 cases and out-of-court workouts. He represents official and ad-hoc creditor committees, secured lenders, administrative agents, and other parties-in-interest in restructuring matters. He is experienced in analysis of true sale, non-consolidation and bankruptcy remoteness principles.
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