September 2010

By Steven B. Smith and Nicole B. Herther-Spiro

This article explores the facts of both Charter and Young Broadcasting that led the Bankruptcy Court for the Southern District of New York to reach different conclusions regarding what appeared to be substantially similar reinstatement plans.

a loan agreement containing terms and interest rates much more favorable than present market conditions may be a valuable asset of a debtor that is worth preserving through reinstatement under § 1124(2).

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