Creditors Should Be Wary Of Debtor Promises To Pay In Full

Law360 (July 3, 2019, 11:26 AM EDT) -- We’ve all heard it said a million times — if it sounds too good to be true, it probably is. But does that age old maxim apply to a bankrupt customer offering to pay you 100% of your unsecured claim through a “prepackaged” bankruptcy or under a critical vendor program? The answer can be complicated.

This article explores what it means to be “unimpaired” and paid in full in prepackaged bankruptcies and under critical vendor programs and outlines some of the potential pitfalls that can be faced by unsecured creditors under these scenarios.

In a prepackaged bankruptcy, a debtor’s goal is...

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