Post Petition Plan Support Agreement

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VOLUME 249—NO. 71 MONDAY, APRIL 15, 2013 Outside …

    https://www.mccarter.com/files/Uploads/Documents/Website/NYLJValidityPostpetition_FarleyGlasBernstein041513.pdf
    post-petition restructuring support agreements in Chapter 11 bankruptcy proceedings. In that case, Bankruptcy Judge Brendan L. Shannon held that the votes to accept a Chapter 11 plan that were cast by signatory parties to a post-petition restructuring support agreement should not “be designated,” and thus, should be counted as

Bankruptcy Court Upholds Post-Petition Plan Support …

    https://www.debevoise.com/~/media/files/insights/publications/2013/02/bankruptcy%20court%20upholds%20postpetition%20plan%20suppo__/files/view%20client%20update/fileattachment/bankruptcycourtupholdspostpetitionplansupportagr__.pdf
    whether a post-petition plan support agreement constitutes an impermissible solicitation. If a plan support agreement is found to be a solicitation in violation of section 1125(b), any vote on the plan cast by a creditor or interest holder that is a party to such agreement can be designated by the court under section 1126(e) of the Bankruptcy Code.

Bankruptcy court upholds post-petition plan support agreement

    https://www.lexology.com/library/detail.aspx?g=db516a95-00cc-4a9d-b8e3-b2b86eb608ec
    Bankruptcy court upholds post-petition plan support agreement ... the permissibility of post-petition plan support agreements entered into before the court approves a disclosure statement. In the ...

Bankruptcy Court Upholds Post-Petition Plan Support Agreement

    https://www.debevoise.com/insights/publications/2013/02/bankruptcy-court-upholds-postpetition-plan-suppo__
    Feb 25, 2013 · On January 31, 2013, the Bankruptcy Court for the District of Delaware confirmed the debtors’ proposed plan of reorganization in In re Indianapolis Downs, LLC: . The court declined to “designate” or disallow the votes of several substantial creditors that had entered into a plan support or “lockup” agreement with the debtors after the bankruptcy filing.

Bankruptcy Court Upholds Post-Petition Lockup Agreement ...

    https://www.duanemorris.com/articles/bankruptcy_court_upholds_postpetition_lockup_agreement_confirms_plan_in_indianapolis_downs_5557.html
    U.S. Bankruptcy Judge Brendan L. Shannon of the District of Delaware confirmed a plan of reorganization and upheld the validity of a post-petition lockup agreement in In re Indianapolis Downs, Case No. 11-11046, in a 28-page opinion issued in late January.. Shannon denied a motion to "designate" the votes of parties to a post-petition plan support agreement pursuant to Section 1126(e) …

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    http://www.stblaw.com/docs/default-source/cold-fusion-existing-content/publications/pub1651.pdf?sfvrsn=2
    of obligations or termination of commitments under any post-petition financing; or (4) the ... The plan support agreement typically provides for specific performance as a remedy for any breach. Before the initiation of the Chapter 11 cases, state law is applicable.



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