Q: I just received a bad evaluation of my Subway™ Restaurant, should I worry? A: Perhaps. Every year Doctor’s Associates, Inc. (“DAI”) terminates a lot of subway franchises. In most cases, the termination process starts after a series…
Bankruptcy Court May Convert A Chapter 11 Case Before A Confirmation Hearing, Upon Finding The Plan is Patently Unconformable.
The United States Bankruptcy Court converted a case from Chapter 11 to Chapter 7 at a hearing on the proposed disclosure statement. The debtor appealed, alleging that it had a right to seek confirmation of its proposed plan. The…
Chapter 11 Cramdown Plan Not Confirmable Because It Did Not Provide Opportunity for Bank to Credit Bid
The United States Supreme Court (Scalia, J.) held that a a Chapter 11 cramdown plan could not be confirmed over objection of secured creditor, where the plan called for the sale of collateral free and clear of the Bank’s lien,…