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ABI Journal

July 09, 2021

Amended Chapter 13 Plan Allowed to Cure Post-Petition Mortgage Defaults

Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.

3rd Circuit, New Jersey

July 01, 2021

Judge Sontchi Cuts Off U.S. Trustee Fees on Confirmation of a Chapter 11 Plan

Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.

3rd Circuit, Delaware

June 01, 2021

Debt from a Defunct Business Can Help to Qualify for Subchapter V

Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.

4th Circuit, North Carolina, North Carolina Middle District

May 27, 2021

Circuits Are Now Split on the Constitutionality of the 2018 Increase in U.S. Trustee Fees

The Second Circuit split with the Fourth and Fifth Circuits by holding that the increase in fees for the U.S. Trustee system was unconstitutional because it was not imposed simultaneously in the two states with bankruptcy administrators.

2nd Circuit

May 25, 2021

Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans

A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.

4th Circuit, South Carolina

May 19, 2021

West Virginia Judge Allows Conversion to Subchapter V After Deadlines Passed

When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.

4th Circuit, West Virginia, West Virginia Southern District

May 03, 2021

Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees

Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.

4th Circuit

April 27, 2021

Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.

10th Circuit, Utah

April 26, 2021

Faulty Pleading Resulted in Dismissal of a Suit by an ‘Unknown’ Creditor

Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.

3rd Circuit

April 21, 2021

Denver Judge Opens the SBRA Door Wide for People with Debt from Failed Companies

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

10th Circuit, Colorado