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The Most Important Bankruptcy Cases Ever

Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11

Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.

Creative Classification in Plans

June 2018

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

Small Business Bankruptcy: Assessing a Broken System

April 2018

Creative Use of Chapter 11 to Pursue Patent Claims in FastShip (and a “Chapter Two”)

June 2018

Cramdown for Unsecured Creditors: Since When Does “Best Interests” Mean Less Interest?

May 2018

Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test

Some justices are critical of the existing test for ruling on non-statutory insider status.

Writs of Certiorari: Pros and Cons

Keynote Address: Supreme Court Review