- 11 U.S.C.
In re Lively
Dec
30
2011
Ruling
Confirmation denied due to continued operation of absolute priority rule.
Procedural posture
After a bankruptcy court preliminarily announced that it would deny confirmation of a chapter 11 individual plan for violating 11 U.S.C.S. § 1129(b)(2)(B)(ii), it allowed briefings on the question of whether the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) abrogated the absolute priority rule for individual chapter 11 cases.
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Court
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