Voting Disputed Claims In Ch. 11 Confirmation Proceedings
Law360, New York (August 27, 2015, 10:15 AM EDT) -- It is not uncommon that creditors who oppose confirmation of Chapter 11 plans of reorganization hold claims to which the debtor has objected. Such a creditor may believe that voting to reject the plan provides leverage regarding the disputed claim. Similarly, the debtor may object to a claim as a means of disenfranchising a creditor it expects will reject its plan. Both of these situations invoke somewhat obscure provisions of the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure that can be overlooked or lead to tactical positioning during the plan approval process. Therefore, it is important for attorneys who represent parties in Chapter 11 reorganization cases to be aware of the law regarding voting claims to which objections have been filed....
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