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2021 Stroock Bankruptcy Guide

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

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159 could be separately classified from other unsecured claims based on lender's access to third party guarantees). 3. Treatment of Claims and Interests Under a plan, each holder of a claim or interest is entitled to a particular treatment on account of such claim or interest. There are two general types of treatment under the Bankruptcy Code— "unimpaired" treatment and "impaired" treatment. As noted above, whether a class of claims or interests is impaired determines whether such class is entitled to vote on the plan. As discussed in greater detail below, a plan can only be confirmed if at least one class of impaired claims votes to accept the plan, and a class of claims or interests that is unimpaired is conclusively deemed to have accepted the plan. A claim or interest is unimpaired if the plan (i) leaves unaltered the legal, equitable or contractual rights of the holder of such claim or interest or (ii) reinstates such claim or interest. 11 U.S.C. § 1124; see In re Wabash Valley Power Ass'n, 72 F.3d at 1321 ("The standard for impairment is very lenient and 'any alteration of the rights constitutes impairment even if the value of the rights is enhanced.'") (internal citation omitted). To reinstate a claim or interest, a debtor must (i) cure any defaults in the underlying obligation, (ii) reinstate the original maturity of the obligation as such maturity existed prior to the default, (iii) compensate the holder of such claim or interest for any damages incurred as a result of reliance by such holder on contractual provisions or applicable law, (iv) compensate the holder of such claim or interest for any actual pecuniary loss suffered as a result of the debtor's failure to perform any nonmonetary obligations other than a failure to operate a nonresidential real property lease subject to Section 365(b)(1)(A), and (v) not otherwise alter the legal, equitable or contractual rights of the holder of such claim or interest. 11 U.S.C. § 1124(2). 4. Mandatory Plan Provisions Every Chapter 11 plan is required to:

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