Absolute Priority Rule in Individual Chapter 11s
Posted: Wed Jan 18, 2012 3:45 pm
I would like to create a comprehensive list of judges who believe that there is no more APR in chapter 11 cases. If you know a judge who has stated CLEARLY one way or the other, please post here. Ahart of course wrote his article saying the absolute prioority rule is absolutely gone. I know Tighe agrees and I know Albert disagrees. Who else?
While we're at it, it would be good to know who says a discharge is required for a LAM motion and who says it is not required. Tighe says its required and Sandy Klein told me she agrees.
I guess finally is the Reswick issue of the stay in the second case. I know VZ and Clarkson says it applies only to the debtor. Sandy Klein and Neil Bason - and obviously Deborah Saltzman disagree. Who else?
Please do not guess. It must be clear one way or the other. Jon
The post was migrated from Yahoo.