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2021 Stroock Bankruptcy Guide

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

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161 (j) issuance of securities of the debtor for cash, property or existing securities or in exchange for claims, interests or any other appropriate purpose; (vi) provide that any corporate debtor's charter prohibits the issuance of nonvoting equity securities and provides for the appropriate distribution of voting power among the various classes of equity securities; (vii) contain only provisions that are consistent with the interests of creditors and equity security holders, and with public policy with respect to the manner of selection of any officer, director or trustee under the plan; and (viii) in the case of an individual debtor, provide for the payment to creditors of all or such portion of earnings from personal services performed by the debtor postpetition, or other future income as is necessary for execution of the plan. 11 U.S.C. ยง 1123(a). 5. Permissive Plan Provisions In addition to the mandatory provisions described above, a Chapter 11 plan may also: (i) impair or leave unimpaired any class of claims or interests; (ii) provide for the assumption, rejection or assignment of any executory contract or unexpired lease of the debtor not previously rejected; (iii) provide for: (a) the settlement or adjustment of any claim or interest belonging to the debtor or to the estate; or

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