test folder

2021 Stroock Bankruptcy Guide

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

Contents of this Issue

Navigation

Page 231 of 319

166 under the plan, and such appointment must be consistent with the interests of creditors and equity security holders and with public policy; (v) the plan proponent must disclose the identity of any insider that will be employed or retained by the reorganized debtor and the nature of any compensation for such insider; (vi) any governmental regulatory commission with post- confirmation jurisdiction over the debtor's rates must approve any rate change (or such rate change must be expressly conditioned on such approval); (vii) with respect to each impaired class of claims or interests, (i) each holder of a claim or interest of such class must (A) accept the plan or (B) receive or retain under the plan on account of such claim or interest property of a value, as of the plan's effective date, that is not less than the amount such holder would receive in a hypothetical Chapter 7 liquidation of the debtor (the so-called "best interests" test) or (ii) if such class has made the Section 1111(b) election (discussed above in Chapter V.D.2.b.) each holder of a claim in such class must receive or retain under the plan, on account of such claim, property of a value, as of the plan's effective date, that is not less than the value of such holder's interest in the estate's interest in the property securing such claims; (viii) each class of claims or interests must accept the plan or be unimpaired; (ix) except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan must provide that (i) on the plan's effective date, each holder of administrative expense claims and

Articles in this issue

view archives of test folder - 2021 Stroock Bankruptcy Guide