Examples of Qualified Creditor in a sentence
Such a claimholder will generally be a Qualified Creditor under the Section 382(l)(5) Safe Harbor unless the particular claim(s) that it holds both (a) did not arise in the ordinary course of the issuing debtor’s business and (b) was not in existence 18 months prior to the filing of the bankruptcy petition.
A creditor who receives stock under the Debtors' Chapter 11 plan of reorganization may also be a "Qualified Creditor" if it ultimately owns less than 5% of the reorganizedbusiness, despite not being able to satisfy the continuous ownership requirements.
Johnsen, Trustee of ECOtality Consolidated Qualified Creditor Trust.
However, to qualify for this exemption under IRC section 382(l)(5), immediately after the debtor corporation’s emergence from bankruptcy, at least 50% of the total vote and value of the debtor’s stock must be owned by a combination of (i) pre-bankruptcy equity holders and (ii) certain qualified creditors (the “Qualified Creditors”), and those shareholders must have received their stock by reason of their status as pre-bankruptcy equity holders or as a Qualified Creditor.
Such a claimholder will generally be a Qualified Creditor unless the particular claim(s) that it holds both (i) did not arise in the ordinary course of the debtor corporation’s trade or business and (ii) was not in existence 18 months prior to the date of filing of the bankruptcy petition.