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ARTICLE · 10 APRIL 2018

"Per Plan" Or "Per Debtor"? Transwest Reignites The § 1129(a)(10) Debate

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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The article examines the recent Ninth Circuit ruling in Transwest, which held that 11 U.S.C. § 1129 (a)(10) should be interpreted on a "per-plan" basis, meaning that only one impaired accepting class...

United StatesInsolvency/Bankruptcy/Re-Structuring

"'Per Plan' or 'Per Debtor'? Transwest Reignites the § 1129(a)(10) Debate," by Bankruptcy and Restructuring special counsel Anupama Yerramalli and associate Alexander J. Nicas  was published in the American Bankruptcy Institute Journal on April 1, 2018. The article examines the recent Ninth Circuit ruling in Transwest, which held that 11 U.S.C. § 1129 (a)(10) should be interpreted on a "per-plan" basis, meaning that only one impaired accepting class at one debtor is required for a multi-debtor joint chapter 11 plan.

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