What is “cramdown” in a Chapter 11 bankruptcy?
Cramdown is a provision in Chapter 11 Bankruptcy Law in Minnesota that allows certain debtors to modify the payment terms of certain secured debts. This process is known as a “cramdown” because it compresses or “crams” down the larger amount owed to a smaller amount, as set by the court. A cramdown allows the bankruptcy court to approve a Chapter 11 plan of reorganization over the objection of a creditor. The most common type of cramdown is for secured creditors, such as a mortgage lender or auto loan lender. When a debtor has a secured debt, the lender has a lien on the property purchased with the loan. A cramdown allows the court to reduce the amount of debt owed and thus reduce the amount of the lien. This can provide the debtor with needed relief and a better chance of reorganizing their finances. In addition to secured creditors, cramdowns can also be used to reduce the payments made to unsecured creditors. These creditors are not entitled to the same lien as secured creditors, so the court can adjust the amount of payments they receive. This is beneficial to debtors as it allows them to make lower payments and also provides some leverage when negotiating with creditors. Cramdowns can be an invaluable tool for those attempting to reorganize their finances in a Chapter 11 bankruptcy. It allows debtors to adjust their payment terms to a more manageable amount, providing necessary relief during the bankruptcy process.
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