With interest rates on the rise, and the availability of inexpensive credit diminishing, reinstatement under Bankruptcy Code §1124(2)—one of the two methods in the Bankruptcy Code to accomplish a “cram-up” Chapter 11 plan of reorganization—will again become an attractive restructuring strategy.
To formulate a reinstatement plan that will survive challenges, debtors and creditors should heed the lessons from two high-profile reinstatement cases from the Southern District of New York that were decided just months apart: Charter Communications and Young Broadcasting.
