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Bennett G. Young

Bankruptcy

Can a Plan of Reorganization Separately Classify a Claim That Is Personally Guaranteed?

Recently, we’ve been seeing debtors try to confirm cram down plans of reorganization that are unfavorable to the secured creditor by “gerrymandering” the class of unsecured claims. The typical situation finds the secured creditor holding an undersecured loan. Under Section 506(a) of the Bankruptcy Code, the secured creditor’s claim is automatically bifurcated into a secured […]

Bankruptcy

Venture Beat: Is your startup failing? Here's how to exit gracefully

Not every startup succeeds. Most persistent entrepreneurs eventually find themselves with a business that is failing or going nowhere. There’s lots of advice about starting a new business and navigating a great exit. People don’t like to talk about less successful endings. In the article, Is your startup failing? Here’s how to exit gracefully, Ben […]