Recent Published BAP Decision on the Absolute Priority Rule [1 Attachment]

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The dissent is way off point. The majority point out the 1115 language came directly from 1306. No one has claimed, for 34 years now, that 1306 makes 103 supurflous. Why would the same language in Ch 11 be any different?
Judge Donovan ruled no apr in individual cases this morning.
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On Mar 19, 2012, at 4:53 PM, higginbothamlaw@aol.com wrote:
> [Attachment(s) from higginbothamlaw@aol.com included below]
> For my Chapter 11 Colleagues!
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> Please find attached the recent published 9th Circuit BAP Decision on the Absolute Priority Rule ("APR").
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> KEITH HIGGINBOTHAM
> 2012 cdcbaa President
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The dissent is way off point. The majority point out the 1115 language came directly from 1306. No one has claimed, for 34 years now, that 1306 makes 103 supurflous. Why would the same language in Ch 11 be any different?Judge Donovan ruled no apr in individual cases this morning. Sent from my iPhoneOn Mar 19, 2012, at 4:53 PM, higginbothamlaw@aol.com wrote:

For my Chapter 11 Colleagues!
Please find attached the recent published 9th Circuit BAP Decision on the Absolute Priority Rule ("APR").
KEITH HIGGINBOTHAM
2012 cdcbaa President

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