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The Bankruptcy Code Requires That The Debtors’ Amended Plan Had To Have Been Feasible………………………………………………………………………..14 A. Standard Of Review For Rule 56 Motion S………………………………………..14 II. 291, 297 (1991) (“Ordinarily, liens and other secured interests survive bankruptcy.”); Johnson v. The Bankruptcy Code contains certain exceptions to this default rule (see, e.g., 11 U. Robin Russell co-chairs the firm's national bankruptcy and restructuring practice. in in- and out-of-court corporate restructuring and reorganization as well as providing strategic advice to corporate clients and independent boards on the legal risks associated with counterparty insolvency and the structuring of corporate acquisitions to minimize economic risks in the event of a counterparty’s subsequent financial distress.This judicial gloss clouds the question of whether the terms of a chapter 11 plan providing for the treatment of secured creditor claims are binding on nonparticipating secured creditors. Section 1141(c) Section 1141(c) states: Except as provided in subsections (d)(2) [debts of individual debtors excepted from discharge under section 523] and (d)(3) [denial of discharge for, among others, liquidating corporations] of this section and except as otherwise provided in the plan or in the order confirming the plan, after confirmation of a plan, the property dealt with by the plan is free and clear of all claims and interests of creditors, equity security holders, and of general partners in the debtor. The court accordingly sustained the debtor's objection with respect to the unsecured claim, but overruled the objection as to the secured claim.
She has served on the firm’s Policy Committee for over ten years and has served or currently serves on numerous firm committees including the Finance Committee, Partners Compensation Committee, Retirement Benefits Committee, Staff Oversight Committee, Opinions Committee, Women’s Initiative Team, Associates Committee, Conflicts Committee and Professional Development Committee.
Following is the current index for The Bankruptcy Data Source.
The index entry for Data Page, Largest Creditors, Committees and Summary of Schedules is the most recent updated version (e.g., if a Data Page was done in May 1997 and the redone in June 1998 the index will indicate June 1998).
Effect of Bankruptcy on Secured Claims The general rule that a bankruptcy filing by a borrower does not affect the enforceability of a security interest in collateral has been part of U.
The ruling is a cautionary tale for plan proponents intent upon ensuring that the terms of a chapter 11 plan providing for the treatment of secured creditor claims are binding.