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Chapter 11 Business Reorganizations

Creditors Risk Equitable Adjustment of Claims if Overly Involved in Debtor’s Business Affairs

Staff October 3, 2015February 15, 2016 Bankruptcy, Business Law, Business Reorganizations, Creditors Rights

The court in In re Aida’s Paradise, LLC, 485 B.R. 806 (2013) has warned lenders not to become overly involved in a debtor’s business affairs, even if all of its actions are legally permissible.  The court cited the Eastern District…

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Creditors Risk Equitable Adjustment of Claims if Overly Involved in Debtor’s Business Affairs

Staff May 1, 2013January 11, 2016 Bankruptcy, Creditors Rights, General Interest

The court in In re Aida’s Paradise, LLC, 485 B.R. 806 (2013) has warned lenders not to become overly involved in a debtor’s business affairs, even if all of its actions are legally permissible.  The court cited the Eastern District…

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Plan Violated Absolute Priority Rule by Giving Debtor’s Equity Holder Exclusive Opportunity

mhalderman April 23, 2013January 11, 2016 Bankruptcy, Creditors Rights

In a case in the Eastern District of Michigan a debtor proposed a Chapter 11 plan that purported to give the debtor’s equity holder a 100% interest in the reorganized debtor in exchange for waiving his prepetition claim for $1.35…

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