Leveraging Secured Lender Bankruptcy Cramdown Rules and Setting Interest Rates: Debtor and Lender Strategies
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss secured lender cramdown plan requirements, strategies for secured lenders to defeat the cramdown plan, and the current arguments for setting appropriate cramdown interest rates.
- Cramdown requirements
- Section 1129 (b)(2)(A) requirements
- Case law developments
- Valuation issues
- Cramdown interest rate post-Till
- Efficient market vs. prime plus
- MPM Silicones (Momentive) and other case law developments
The panel will review these and other key issues:
- What factors will the bankruptcy court consider in determining whether a secured lender has received the indubitable equivalent of its collateral in a cramdown situation?
- What are the requirements if the debtor disposes of the collateral through a bankruptcy sale?
- What impact does the cramdown interest rate play in determining the value of the lender’s claim?
Gary L. Kaplan
Mr. Kaplan has extensive experience in representing debtors and official and unofficial creditors' and equity... | Read More
Mr. Kaplan has extensive experience in representing debtors and official and unofficial creditors' and equity committees in Chapter 11 cases and out-of-court restructurings. He also represents significant creditors, lenders and third-party purchasers in connection with Chapter 11 cases and out-of-court restructuring situations.Close
Mr. Mintz’s practice is focused on representations of corporate and individual debtors in and out of... | Read More
Mr. Mintz’s practice is focused on representations of corporate and individual debtors in and out of bankruptcy, creditors’ committees, lender groups, DIP lenders, fiduciaries, equity holders, indenture trustees and individual creditors in a variety of industries. He has extensive transaction experience with respect to the negotiating and drafting of reorganization plans and agreements for complex asset purchases, loans, investments, subordination, intercreditor, and factoring.Close