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Sixth Circuit Rejects Bad Faith Cram Down

By Fox Rothschild LLP on February 8, 2016
Posted in Opinions

In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the U.S. Court of Appeals for the Sixth Circuit held that the contrived nature of the impairment will cause the plan to fail Section 1129(a)(3)’s good…

Third Circuit Opinion Creates Precedent Important for Secured Creditors

By Fox Rothschild LLP on May 16, 2012
Posted in Opinions

The Third Circuit released a precedential opinion on May 14, 2012 that can greatly impact bankruptcy debtors attempting to reorganize as well as their secured creditors.  A copy of the opinion is available here (the “Opinion”).  Because Fox Rothschild was directly involved in this case and argued before the Third Circuit, I will only…

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