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Restructuring Plans: Discretion, Distribution of Benefits and Bargaining

Debtwired!

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Navigating Value Allocation in Restructuring Plans

This chapter explores the intricacies of value allocation in restructuring plans as recognized by courts, focusing on the burden of proof for companies and dissenting creditors. It analyzes past cases to assess fairness in allocations and raises critical questions regarding the implications for out-of-the-money creditors and overall plan fairness.

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