February 17, 2017

Supreme Court Unlikely to Decide Whether Claim Purchaser Takes Seller’s Insider Status

Solicitor General says that Ninth Circuit correctly held that purchaser of an insider’s claim doesn’t automatically become an insider.

Supreme Court

February 13, 2017

Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake

If a chapter 13 plan was mistakenly five years, no cause is required to shorten it to three years.

6th Circuit, Michigan, Michigan Eastern District

February 10, 2017

Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired

Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.

11th Circuit, Alabama, Alabama Northern District

January 10, 2017

Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

3rd Circuit, Delaware

December 30, 2016

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

6th Circuit, Kentucky, Kentucky Western District

December 23, 2016

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

December 16, 2016

New GM Assails the Second Circuit for Jeopardizing ‘Free and Clear’ Sales

GM’s ‘cert’ petition says the Second Circuit forgot about Section 363(m).

Supreme Court

December 09, 2016

Judge Reverses Course and Allows Reclassification of Deficiency Claim

Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.

11th Circuit, Alabama, Alabama Northern District

December 08, 2016

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

3rd Circuit, Delaware

November 21, 2016

Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

3rd Circuit, Delaware