Sample Engagements In Chapter 11 Bankruptcy Cases Requiring Reports for Interest Rate Analysis (Till), Feasibility Analysis and 1111(b) Analysis
We have provided cramdown interest rate reports and feasibility reports in numerous Chapter 11 cases on apartment complexes, convenience stores, flex-space industrial warehouses, golf courses, hotels, land, marinas, medical office, mixed use buildings, offices, residential subdivisions, restaurants, resorts, retail, self-storage warehouse facilities, timberland, timeshares, and warehouses.
Each of our Till Interest Rate reports prepared for a Chapter 11 bankruptcy case contains an analysis with a detailed examination of the U.S. Supreme Court's four main attributes toward determining the appropriate rate of interest for a cramdown Chapter 11 bankruptcy case (i.e., a Till Report or Till Analysis). Our build up rate process generally begins with using the Prime Rate as a base rate and adding to it for the risks inherent in the bankruptcy cram down plan, i.e., the Till Factors as prescribed in Till v. SCS Credit Corp., namely the Circumstances of the Estate, the Nature of the Security, the Duration of the Reorganization Plan and the Feasibility of the Plan.
When the 1111b election has been under Bankruptcy Code Section 1111(b)(2) we incorporate these new requirements into our bankruptcy feasibility reports. Our feasibility reports include a detailed analysis of the feasibility factors described in our Feasiblity Quicksheet.