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Simple English definitions for legal terms

fair-and-equitable requirement

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A quick definition of fair-and-equitable requirement:

Fair-and-Equitable Requirement: A rule in bankruptcy that says if a company wants to force a plan on its creditors, the plan must be fair to everyone who is owed money. The court will look at the plan and decide if it treats each group of creditors fairly. The plan must also be accepted by at least one group of creditors and not unfairly favor one group over another. This is called a "cramdown" plan.

A more thorough explanation:

Definition: The fair-and-equitable requirement is a standard in bankruptcy law that requires a Chapter 11 plan to adequately provide for each class of interests that has not accepted the plan. This is necessary for a forced, nonconsensual Chapter 11 plan (also known as a "cramdown" plan) to be confirmed by the court.

Example: If a company files for bankruptcy and proposes a Chapter 11 plan that does not adequately provide for a certain class of creditors, such as bondholders, the court may not confirm the plan unless it meets the fair-and-equitable requirement. The court will consider the plan as a whole and weigh all the circumstances surrounding the treatment of each impaired class of interests to determine if it is fair and equitable.

The Chapter 11 cramdown plan must also be accepted by at least one impaired class of claims and not unfairly discriminate among impaired classes that have not accepted the plan.

Example: If a company proposes a Chapter 11 plan that is accepted by one class of creditors but unfairly discriminates against another class, such as giving preferential treatment to shareholders over bondholders, the court may not confirm the plan. The plan must treat all impaired classes fairly and equally.

Overall, the fair-and-equitable requirement is an important standard in bankruptcy law that ensures all classes of interests are adequately provided for in a Chapter 11 plan.

fair | fair and impartial jury

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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