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US CODE: Title 11,1129. Confirmation of plan (7071 words) |
 | Since section 1129 (b)(2)(A) makes clear that an electing class need receive payments of a present value only equal to the value of the collateral, it is conceivable that under such a “cram down” the electing creditors would receive nothing with respect to their deficiency. |
 | While section 1129 (a) does not contemplate a valuation of the debtor’s business, such a valuation will almost always be required under section 1129 (b) in order to determine the value of the consideration to be distributed under the plan. |
 | Subparagraph (A) is identical with the test under section 1129 (b)(1)(A) insofar as the holder of an unsecured claim is not permitted to receive property of a value as of the effective date of the plan on account of such claim that is greater than the allowed amount of such claim. |