Cram Up Under Chapter 11: Overcoming Objections From Dissenting Secured Lenders

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Bankruptcy
- event Date
Thursday, September 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will instruct bankruptcy attorneys about creating and opposing "cram-up" Chapter 11 plans under which the plan is accepted by junior creditors and then crammed up on senior objecting creditors.
Description
Cram up is an approach to deal with dissenting secured lenders who prefer a quick sale of assets, sometimes at the expense of most other stakeholders. It usually involves restructuring and reinstating the debt under Bankruptcy Code Section 1124 or providing the "indubitable equivalent" of the lender's claim under Section 1129(b).
Strategies to pursue and timing depend on many factors, such as the general economic environment, interest rates, the debtor/borrower's covenant package, and what type of defaults exist. The parties often vigorously litigate the existence of any non-curable defaults unrelated to the borrower's financial conditions.
Listen as this panel of experienced bankruptcy attorneys discusses the strategies and the mechanics of cram up in Chapter 11 cases and recent cases using this strategy.
Outline
I. Cramdown vs. cram up
II. Relevant Bankruptcy Code provisions
III. Terms of cram up plans
VI. How to determine if cram up is feasible
V. Recent cases
Benefits
The panel will review these and other significant issues:
- What are the best ways to plan for cram up before filing?
- What covenants may make it impossible to effect cram up?
- What constitutes the "indubitable equivalent" of a creditor's interests?
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