What can a bankruptcy court do regarding a reorganization plan if certain creditor groups do not approve it?

Prepare for the Evercore Liability Management and Restructuring (RX) Test. Study with targeted questions and detailed explanations to excel in your exam!

In the context of a bankruptcy court reviewing a reorganization plan, if certain creditor groups do not approve it, the court can still approve the plan under certain conditions. Specifically, the court can confirm a reorganization plan even if some creditors dissent, provided that the plan meets certain legal requirements, such as being fair and equitable to all stakeholders and complying with the absolute priority rule.

The court evaluates whether the plan is feasible and whether it adequately addresses the claims and interests of creditors who voted against it. A plan that provides a benefit to all parties may still be viable even in the face of dissenting votes, ensuring that the company's reorganization effort can proceed. This ability to approve a plan despite lack of unanimous support is crucial for facilitating business restructurings, especially when not all classes of creditors can agree on the terms.

In contrast, outright rejection, indefinite delays, or modification to please all creditors may not reflect the court's role. While the court can reject or modify plans, its primary function is to assess the provided structure's fairness and viability rather than satisfying every creditor's demands.

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