In the recent decision of In re Molycorp, Inc., 562 B.R. 67 (Bankr. D. Del. 2017), Judge Sontchi held that a carve-out provision in a DIP financing order did not act as an absolute limit on the fees and expenses payable to counsel to the creditors committee in a case with a confirmed chapter
Section 1129 Bankruptcy Code
Decision in Spansion Addresses Issues That Arise During Plan Confirmation
By Fox Rothschild LLP on
Posted in Bankruptcy Law Basics
Introduction
On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the “Opinion“) in the Spansion bankruptcy rejecting the Debtor’s proposed plan of reorganization. This post will look at the requirements provided for under the Bankruptcy Code in…