'Fair And Equitable' Means More Than Amortization Schedule

Law360, New York (December 17, 2012, 2:32 PM EST) -- All too often, a secured creditor’s negotiation and litigation of Chapter 11 plan confirmation issues centers disproportionately on the amortization schedule of a secured claim and lacks focus on other issues that shift risk or otherwise have significant economic impact on the relative rights of the parties. In a decision rendered earlier this month in connection with an appeal of a confirmation order by a secured creditor, a United States District Court Judge in Tennessee reminds us that material modifications to a secured creditors’ rights go...
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