Question of the day
2026-09-10
What is a 'gift' or gifting in the context of the absolute priority rule?
Answer it out loud first — like you would in the room. Then check yourself:
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Model answer
Gifting is when a senior class voluntarily allocates some of its recovery to a junior class (often equity or junior creditors) to grease a deal, even though strict APR would give the juniors nothing. It's used to buy peace, secure votes, or keep management/sponsors engaged. It's permissible by consent of the senior class, but courts scrutinize it — gifting that skips an intervening dissenting class can run afoul of APR (per cases like DBSD / In re Armstrong concerns over skipping classes).
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