No. 22-908

TLA Claimholders Group v. LATAM Airlines Group S.A., et al.

Lower Court: Second Circuit
Docketed: 2023-03-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: bankruptcy-code chapter-11 creditor-rights equity-holders impaired-claims impairment post-petition-interest unimpaired-claims
Key Terms:
Securities
Latest Conference: 2023-06-08
Question Presented (AI Summary)

May a Chapter 11 plan classify a creditor's claim as unimpaired without paying any interest owed under the creditor's contract that accrues during the bankruptcy, even while returning surplus value to the debtor's equity-holders?

Question Presented (OCR Extract)

QUESTION PRESENTED Under Chapter 11 of the Bankruptcy Code, a debtor’s plan of reorganization must “specify” whether a creditor’s claim is “impaired” or “not impaired” by the plan. 11 U.S.C. § 1123(a)(2)-(3). The Code confers on holders of impaired claims various substantive and procedural the right to vote on whether to approve the plan. See id. § 1129. Holders of unimpaired claims do not receive those protections. The Code presumes that all claims are impaired, by providing that a “class of claims * ** is impaired under a plan unless *** the plan *** leaves unaltered the legal, equitable, and contractual rights to which such claim or interest entitles the holder of such claim,” id. § 1124(1), or cures the debtor’s default on the claim and fully reinstates the underlying obligation, id. § 1124(2). The court of appeals concluded that the Chapter 11 plan in this case properly classified petitioner’s claims as unimpaired, even though the plan does not provide for full repayment of petitioner’s claims—including failing to pay any interest provided for in petitioner’s contracts that accrued after the bankruptcy commenced—and even though the plan does pass surplus value through to the debtor’s equity-holders. The question presented is as follows: May a Chapter 11 plan classify a creditor’s claim as unimpaired without paying any interest owed under the creditor’s contract that accrues during the bankruptcy, even while returning surplus value to the debtor’s equity-holders.

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-23
2023-05-08
Brief of respondents LATAM Airlines Group S.A., et al. in opposition filed.
2023-04-11
Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2023, for all respondents.
2023-04-10
Motion to extend the time to file a response from April 17, 2023 to May 8, 2023, submitted to The Clerk.
2023-03-14

Attorneys

LATAM Airlines Group S.A., et al.
David Hunter HerringtonCleary, Gottlieb, Steen, et al, Respondent
David Hunter HerringtonCleary, Gottlieb, Steen, et al, Respondent
TLA Claimholders Group
Matthew Dempsey McGillGibson, Dunn & Crutcher LLP, Petitioner
Matthew Dempsey McGillGibson, Dunn & Crutcher LLP, Petitioner