re: New Value Exception in Individual Chapter 11 Cases

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Joined: Sun Oct 18, 2020 11:38 pm


Dear List mates.
I am hoping for some help on a pending Individual Chapter 11 case I have.
I have a case in front of a judge who adheres to the absolute priority rule.
I was hoping to explore the option of using the new value exception (possibly an infusion of cash from family members) to use a cramdown plan in this case on all creditors I do not have
stipulations for plan treatment with.
This plan does not pay 100% to unsecured creditors. It may be difficult to get all unsecured credittors to voe yes, or otherwise abstain from voting otherwise.
Does anyone have any sample plans, and/or case law on point that I could look at that
may help me with a brief to the Court and/or filing an a Chapter 11 plan using the
new value exception.
Any and all help would be sincerely appreciated!
David S. Shevitz, Esq.
Ure Law Firm
811 Wilshire Blvd. Suite 1000
Los Angeles, CA 90017
Telephone: (213) 202-6070
Facsimile: (213) 202-6075
Email: david@urelawfirm.com
Website: www.urelawfirm.com

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