Business Reorganization

Cramdown Doesn’t Require Strict Enforcement of Subordination, Third Circuit Says

Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
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Third Circuit Backtracks; Malice Not Required for Punies on a Dismissed Involuntary

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
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