Even solvency can lead to BK litigation – UPDATED

The novel situation of a bankruptcy debtor, who emerged from bankruptcy proceedings solvent thanks to a luckily-timed rise in crude oil prices, gave rise to a fundamental if infrequently-encountered question: “whether the . . . creditors are ‘impaired’ by a plan that paid them everything allowed by the Bankruptcy Code.” The bankruptcy court said that they were, reasoning that a plan impairs a creditor if it refuses to pay an amount the Bankruptcy Code independently disallows; accordingly, it required a “make-whole” payment to certain creditors and set postpetition interest at a contractual rate. The Fifth Circuit saw a “monolithic mountain” of contrary authority, and reversed and remanded, holding that “the Code—not the reorganization plan—defines and limits the claim in these circumstances.” Ultra Petroleum Corp. v. Ad Hoc Committee, No. 17-20793 (Jan. 17, 2019), revised/shortened on rehearing, Nov 26, 2019.