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Bankruptcy Section 1111(b)(2) Elections and Cramdown Interest Rate Strategies

Live Webinar
May 10, 2021
1:00 pm ET (12 pm CT, 11 am MT, 10 am PT)
1 hour 30 minutes
Live Webinar$199Register Now
Cram-Down: Interplay Between Sections 506(a) and 1129(b)(2)
  • Oversecured Claims as Compared to Undersecured Claims
  • Bifurcation of Undersecured Claims Under Section 506(a) – Secured and Unsecured Components
  • Treatment of Secured Claims in a Plan Under Section 1129(b)(2)(A)
  • Treatment of Unsecured Claims in a Plan Under Section 1129(b)(2)(B)
  • Collateral Valuation Issues and Impact on Plan Feasibility
Impact of Electing Treatment Under Section 1111(b)(2)
  • No Bifurcation of Undersecured Claims Notwithstanding Section 506(a) – Entire Claim Is Treated as Being Secured (Section 1111(b)(2))
  • Treatment of Underecured Claims in a Plan Following Election Under Section 1111(b)(2)
  • Risks of Electing Treatment Under Section 1111(b)(2)
Reasons to Elect Treatment as a Fully-Secured Creditor Under Section 1111(b)(2)
Method, Timing, and Exceptions to Elect Treatment Under Section 1111(b)(2)
Interest Rate Issues
  • Present Value (Discount Rate) Required by Section 1129(b)(2)(A) for Deferred Cash Payments on Allowed Secured Claims
  • Supreme Court's Till Decision – Applicability in Chapter 11 Cases and How It Has Been Applied
  • Whether an Efficient Market Exists to Establish the Appropriate Discount Rate, and Strategies If One Does Not Exist
  • Evidentiary and Proof Issues to Consider When Seeking to Establish an Appropriate Discount Rate
  • Impacts of the Discount Rate Decision on Total Recovery and Plan Feasibility


Live Webinar$199Register Now