Sub V Plan Can Require Automatic Increases Based on Actual Disposable Income
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.
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Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?
The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.
Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
Adverse Plan Amendment Requires a Disclosure Statement and More Voting, Circuit Says
The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.
It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
An Order Allowing a Priority Claim Must Be Appealed Immediately, Circuit Says
An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.
Current IRS Expense Standards Used When Modifying a Chapter 13 Plan
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
Abbreviating the Debtor’s Name on a UCC-1 Made the Security Interest Unperfected
Because Florida filing offices do not use ‘standard search logic,’ a financing statement must use the debtor’s precise, unabbreviated legal name.
Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
Eleventh Circuit Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, the Eleventh Circuit held in upholding Bankruptcy Judge Roberta Colton.