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The Hidden Cost of a Roll-Up: Why Claim Classification Can Decide Chapter 11 Plan Confirmation
In Chapter 11, classification is sometimes treated as a technical exercise that comes late in the plan process. But how claims are classified determines who votes, whose acceptance counts, whether a debtor can…
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The Fall of the Gatekeeper Provision: Fifth Circuit Determines No Broader Than Exculpation
In its March 2025 decision in Highland Capital Management, the Fifth Circuit has drawn a bright line: gatekeeper provisions in Chapter 11 plans must be coextensive…
Read ArticleWhen Does Equitable Mootness Fall Short?
Lessons from In re ConvergeOne Holdings, Inc. The Southern District of Texas recently tackled the complex doctrine of equitable mootness in the bankruptcy appeal of In…
Read ArticleNavigating Franchise Agreements in Bankruptcy: The Pinnacle Foods Ruling
The recent In re Pinnacle Foods of California, LLC case exposes a significant challenge for franchisees seeking Chapter 11 reorganization in the Ninth Circuit. At issue is…
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