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August 15, 2024
Another Bankruptcy Judge Decided that Sub V Classes with No Votes Aren’t Accepting
Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.
11th Circuit
,
Georgia
,
Georgia Northern District
November 19, 2020
Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.
11th Circuit
,
Georgia
,
Georgia Northern District
April 22, 2019
Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem
Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.
11th Circuit
,
Georgia
,
Georgia Northern District
March 21, 2019
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
11th Circuit
,
Georgia
,
Georgia Northern District
January 16, 2017
Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes
Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.
11th Circuit
,
Georgia
,
Georgia Northern District