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Home / Opinion Digests / ‘Absolute Priority’ Rule Applies After BAPCPA (access required)

‘Absolute Priority’ Rule Applies After BAPCPA (access required)

In this first-impression decision for federal appellate courts, the 4th Circuit says the “absolute priority rule” still applies to individual debtors in possession proceeding under chapter 11, after the 2005 amendments to the bankruptcy code. The absolute priority rule comes into play when a class of similarly situated creditors do not agree with a plan; it ...