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2021 Stroock Bankruptcy Guide

Issue link: https://mbozikis.ufcontent.com/i/1422521

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155 the terms of the agreed-upon restructuring and binds both the debtor and the consenting stakeholders to support the agreed-upon restructuring and not support any alternative restructuring. 2. Voting Rules In determining which creditors and equity interest holders are entitled to vote on a plan, there are two issues that must be addressed: (i) whether a particular creditor or equity interest holder is entitled to vote on a Chapter 11 plan and (ii) whether a particular class of creditors or equity interest holders is entitled to vote on a Chapter 11 plan. A holder of a claim or interest is eligible to vote to accept or reject the plan if such holder's claim or interest has been "allowed." 11 U.S.C. § 1126(a). If a party in interest has filed an objection to a claim or interest, regardless of the merits or validity of such objection, the claimant or interest holder will not be allowed to vote on the plan unless the court temporarily allows the claim or interest for voting purposes (or fully adjudicates the objection and allows the claim prior to the voting deadline). F ED. R. BANKR. P. 3018(a). Whether a particular class is entitled to vote on a plan depends on the treatment provided to that class under the plan. In short, only those classes which are impaired but receiving property under the plan are entitled to vote on the plan. Unimpaired classes are conclusively presumed to have accepted the plan, making solicitation from the holders of claims or interests in such classes unnecessary. 11 U.S.C. § 1126(f). 84 Conversely, a class is deemed to have rejected a plan (again rendering solicitation unnecessary) if the plan provides that the holders of the claims or interests in such class will not receive or retain any property under the plan on account of such claims or interests. 11 U.S.C. § 1126(g). 84 See Chapter VI.F.3. for a discussion of unimpairment.

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