Law360, New York ( August 25, 2011, 12:43 PM EDT) -- Bankruptcy Judge Michael Lynn of the Northern District of Texas recently issued a noteworthy opinion in In re Village at Camp Bowie I LP that addresses two important Chapter 11 confirmation issues. Judge Lynn determined that a plan that artificially impaired a class of claims in order to meet the requirements of section 1129(a)(10) had not been proposed in bad faith and did not violate the requirements of section 1129(a). In his ruling, Judge Lynn also applied the Supreme Court's cram-down "interest"[1] rate teachings in Till v. SCS Credit Corporation and approved an expert's use of the "investment band" method for determining the appropriate rate of return for a secured lender....
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