Plan Confirmation

Rules Are Made to Be Broken … if in Conflict with the Code

Nov 2024

The Day After: Navigating Post-Chapter 11 Trusts

Dec 2024

Solvent Debtors in Chapter 11 Must Pay Make-Wholes, Third Circuit Says

The opinion by Circuit Judge Thomas Ambro reads Jevic as animating the solvent-debtor exception to the disallowance of unmatured interest.

Sub V Trustee May Be Discharged When the Debtor Makes Plan Payments

Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.

In Defense of Consensual Opt-Out Third-Party Releases from a Delaware Perspective

Nov 2024

Chapter 11 Plan May Impair a Mortgage When the Debtor Is Not Liable on the Debt

A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.

Upstate New York Bankruptcy Judge Nixes an ‘Opt-Out’ Plan with Nondebtor Releases

After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.

Chapter 13 Pre- and Post-Confirmation Issues