1191 | ABI

Texas Courts Are Split on Ignoring Nonvoting Classes in Confirming a Sub V Plan

A bankruptcy judge in San Antonio disagreed with two bankruptcy judges in Houston by holding that a nonvoting class is equivalent to rejecting a plan in Subchapter V of chapter 11.

Court :

Texas Southern District

Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V

Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.

Court :

PPP: Post-Purdue Pharma

Bankruptcy Code

Topics

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Nondischargeability in Sub V Only Applies When It’s a Nonconsensual, Cramdown Plan

A creditor must control a class before its debt can become nondischargeable in Subchapter V.

Court :

Georgia Middle District

Judicial Talk: Read the Freaking Code

Bankruptcy Code

Topics

Bankruptcy Litigation

Practice and Procedure

Do You Want to Make a Change? The Process to Amend the Bankruptcy Rules

Bankruptcy Code

Topics

Practice and Procedure

A Deep Dive into Subchapter V Confirmation Issues

Bankruptcy Code

Topics

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The Supreme Court Has Ruled, Twice!

Bankruptcy Code

Topics

Plan Confirmation

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Concerns About Being Left Holding the Bag: Addressing Payment of Subchapter V Trustee Fees

Bankruptcy Code

Topic Tags

Practice and Procedure

Professional Compensation/Fees

Judge Thorne Describes the Quantum of Evidence Needed to Show a Plan Is Fair and Equitable

Although a ‘true-up’ cannot be imposed, a debtor could employ a ‘true-up’ to confirm an otherwise nonconfirmable plan.

Court :

Illinois Northern District

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