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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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cumsock
15:37
@choosingpeace: Philly doesn’t stink whoever said that is dumb
cumsock
15:38
It’s the 6th biggest city in the country there is plenty to do and eat and so on and so forth of course it has bad areas but so does every city
why would you withdraw girl
15:38
@ImpartialLion: nah cuz there’s no way of knowing if they would’ve sent u an II later on
15:38
Isn’t uchicago like Top 4 tho
choosingpeace
15:38
@cumsock: they said there's like nothing to do there lol
choosingpeace
15:38
ive never been so i was just like ohhh
texaslawhopefully
15:38
UChicago is number one
^ period
u know it was a double thing. I missed II and my gf didn't want to live in the midwest anymore
15:39
But it’s fucking uchicago thooo LOL
15:39
I
15:40
Makes sense tho
cumsock
15:40
@choosingpeace: there’s plenty to do in Philly 😂 it’s a giant city
So after missing the II, I was like whatever. Maybe it's a sign to withdraw
nah making decisions off the gf is out of pocket
nahhhhh we been together since 10th grade
texaslawhopefully
15:40
I guess it depends what your goals are. If it's generic biglaw, CLS will get you the same outcome
6 yrs on January 30th
lilypadfrog
15:40
awwww <3 i love love
I also like CLS for liberal clerking. approx 41 FCOA clerks per yr
It's there if I excel. if not then I'm chill with sticking to BL
texaslawhopefully
15:41
CLS is not even close to Chicago for clerking lmao
choosingpeace
15:41
wait would yall pick CLS or penn?
I didn't apply to either but I would pick penn
15:42
penn bc im in state
no no it's not. But I wouldn't clerk conservative, so idk about Chi #s for myself
cumsock
15:42
Penn
texaslawhopefully
15:42
I guess that's fair. From what I've heard UChicago for conservatives is on par w/ HYS for clerkships
texaslawhopefully
15:42
not sure about for liberals
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