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.
- Cramdown vs. cram-up
- Relevant Bankruptcy Code provisions
- Terms of cram-up plans
- How to determine if cram-up is feasible
- Recent cases
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?
Stephen B. Selbst
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.Close
Steven B. Smith
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.Close