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Real Estate/Development

Oct. 2, 1999

Equity security holders cannot contribute new value in bankruptcy plan

The U.S. Supreme Court held that prepetition equity holders may not, over the objection of senior impaired creditors, make a capital contribution to a reorganization plan in exchange for an ownership interest in the reorganized entity, when the plan does not allow any other entity to make a similar contribution.

The U.S. Supreme Court held that prepetition equity holders may not, over the objection of senior impaired creditors, make a capital contribution to a reorganization plan in exchange for an ownership interest in the reorganized entity, when the plan does not allow any other entity to make a similar contribution.
203 North LaSalle Street Partnership was a Chapter 11 bankruptcy debtor. The partnership's secured creditor was Bank of America National Trust and Savings Associati...

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