Sixth Circuit

Mette Kurth: 2nd Circuit Reverses Course on Cramdown Interest Rates

12/12/17

On her The Bottom Line 11 blog, Fox partner Mette Kurth examined a recent U.S. Court of Appeals for the Second Circuit decision in In re MPM Silicones (the Momentive case). The court followed the lead of the Sixth Circuit in establishing a two-step approach to setting the cramdown interest rate on debtor payments for secured claims:

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Sixth Circuit Denies Bad Faith Cram Down

02/08/16

In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the Sixth Circuit held that the contrived nature of the impairment will cause the plan to fail section 1129(a)(3)’s requirement of having been proposed in good faith.

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