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To Subordinate or Not Subordinate? How Tribune Media Co. Implicates Subordination Agreements in Cramdown Plans

ProQuest

November 1, 2020

By: Shane G. Ramsey and John T. Baxter

On July 30, 2018, the District of Delaware issued a decision in certain consolidated appeals in the Tribune Media Co. bank­ruptcy case.² The primary question in these appeals was whether the debtor’s confirmed plan unfairly discriminated against certain impaired senior note­ older creditors, whose senior status was attributed- 1ble to a pre-petition subordination agreement, in violation of 1129(b)(l) of the Bankruptcy Code.3 This decision instructs that a bankruptcy court may disregard any pre-petition subordination agreement and its provisions upon confirmation of a Chapter 11 plan over an impaired class of creditors’ objection.

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