Contesting Confirmation (Series: BANKRUPTCY BATTLE ROYALE- COMMON LITIGATION SCENARIOS)
The standard end goal of a chapter 11 bankruptcy is the confirmation, or court approval, of the debtor’s plan of reorganization or liquidation. The debtor’s plan is the document that controls the methodology and order by which the debtor plans to pay its creditors. The plan is subject to comment and criticism by any party affected by it – namely, each and every creditor of the debtor, potential targets of causes of action that the debtor may have and parties that may have potential causes of action against the debtor. The confirmation process is often rife with dispute and litigation. There are battles not only over specific plan provisions, but also those that go to the fundamental confirmability of the plan (i.e. can the debtor actually do what it proposes to do, and does the plan meet the bankruptcy code requirements). Confirmation contests often require evidentiary hearings with experts presenting testimony and opinions as to valuation issues. This webinar explores this process and provides guidance as to how to both defend and attack the confirmation of a debtor’s chapter 11 plan.
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