THE "CRAMDOWN" OF CHAPTER ELEVEN OF THE U.S. BANKRUPTCY CODE

Objective of the article: It is constituted by two elements: the first one is an organic and systematic description of the "Cramdown" institute in the Chapter Eleven of the Title Eleven of the United States Code, or United States Bankruptcy Code, with its characteristics, objectives, requirements and purposes. The second element is a critical analysis of the bankruptcy institutions analyzed in their relationship with the so-called "Cramdown" of the United States Code's Chapter Eleven and a brief comparison with the institute of the same name in the Argentine bankruptcy law. Methods: Organic and systematic analysis, qualitative, substantial and procedural, of the US bankruptcy law institutions involved in the "Cramdown" through induction and deduction reasoning from the general principles of those institutes to the "Cramdown" and vice versa. Results: Organic and systematic description of the American bankruptcy law "Cramdown" institute with a critical evaluation of the system. Final conclusions: The possibility of judicial confirmation of the "Non Consensual Plan", by means of the "Cramdown" institute allows access to this step of the process even in the case of the existence of some category of dissident creditors, if certain requirements are met, which constitute pillars on which the Chapter Eleven system is based.