May 21, 2025
The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.
February 18, 2025
A creditor must control a class before its debt can become nondischargeable in Subchapter V.
December 11, 2024
Bankruptcy Judge Paul Baisier of Atlanta disagreed with Bankruptcy Judge Craig Goldblatt of Delaware about requiring creditors to vote before they are saddled with nondebtor releases in chapter 11 plans.
August 15, 2024
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.
January 11, 2024
Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.
November 10, 2023
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.
August 14, 2023
Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.
October 18, 2021
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
January 08, 2021
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
November 19, 2020
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.