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ABI Journal

Claims

A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.

Debtor Granted Absolution for a 10-Day Delay in Serving a $40 Million Preference Suit

Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.

BAP Upholds Confirmation of a Plan with No Trust for Future Asbestos Claimants

Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.

WARN Act Damages of $15,100 Per Worker Are Section 507(a)(4) Priority Claims

A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.

Plan Didn’t Extinguish Debts, Only Discharged Them, Fifth Circuit Says

A plan saying that it satisfies and settles claims does nothing more than discharge the claims. It doesn’t extinguish the claims, the Fifth Circuit says.

Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien

Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’

Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution

Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.