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Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention

Posted in Bankruptcy, Commercial Lending, Debt and Judgment Collection, Loan Workouts

Under the absolute-priority rule, unpaid creditors normally receive the equity in a reorganized business. If a plan of reorganization proposes a “new value” investment in exchange for equity, however, the rule does not strictly apply. In the case of Bank of American National Trust & Savings Ass’n v. 203 North LaSalle Street Partnership, the Supreme… Continue Reading