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On February 26, 2013, the U.S. Court of Appeals for the Fifth Circuit in In re Village at Camp Bowie held that the Bankruptcy Code cramdown requirement in 11 U.S.C. § 1129(a)(10) that at least one impaired class accept the reorganization plan did not distinguish between economic and discretionary impairment. Rejecting the Eighth Circuit’s holding that § 1129(a)(10) included a motive inquiry, the Fifth Circuit instead held that no policy implications could be read into the plain language of the provision. This Comment argues that the Fifth Circuit correctly interpreted § 1129(a)(10) as allowing artificial impairment, but missed the opportunity to influence other courts by not adequately supporting its conclusion with an analysis of the Bankruptcy Code’s structure or historical development.


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8 Sep 2022
370 kB



  • Subject
    • Bankruptcy Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 55

  • Issue
    • 6

  • Pagination
    • E. Supp. 153

  • Date submitted

    8 September 2022