December 11, 2023
Finality of a Contempt Order Drawn into Question in the Eleventh Circuit
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
11th CircuitDecember 08, 2023
Courts Are Split on Counting Future Rent Toward the $7.5 Million Debt Cap in Sub V
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.
2nd Circuit, New York, New York Southern DistrictDecember 07, 2023
Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
7th Circuit, Illinois, Illinois Northern DistrictDecember 06, 2023
Scheduling a Home with a Low Value Didn’t Protect a ‘13’ Debtor When It Was Sold
In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.
4th Circuit, North Carolina, North Carolina Middle DistrictDecember 05, 2023
Supreme Court Seems Dubious About Purdue’s Nonconsensual, Nondebtor Releases
At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.
Supreme CourtDecember 04, 2023
A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
9th CircuitDecember 01, 2023
Sub V Plan with Nondebtor Release Approved over Opposition from the Affected Class
A decision from a New York bankruptcy court makes nondebtor releases easier to obtain in Subchapter V than in large, mass tort chapter 11 cases.
2nd Circuit, New York, New York Southern DistrictNovember 30, 2023
Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability
Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
10th Circuit, Oklahoma, Oklahoma Western DistrictNovember 29, 2023
Dispute over Part of a Claim Disqualifies an Involuntary Petitioner
The 2005 amendment to Section 303(b)(1) disqualifies an involuntary petitioner if there is a dispute as to even part of the creditor’s claim.
2nd Circuit, New York, New York Southern DistrictNovember 28, 2023
Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
9th Circuit