United States:
"Per Plan" Or "Per Debtor"? Transwest Reignites The § 1129(a)(10) Debate
10 April 2018
Kramer Levin Naftalis & Frankel LLP
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"'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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