Plan Confirmation

ABI Talks

Houston Judge Confirms an ‘Opt-Out’ Plan with Nondebtor Releases

In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.

“You’re Killing Me, Smalls!”: The Problem of the Nonparticipating Class in Subchapter V

Oct 2024

New York Court Holds that ‘Future’ Asbestos Claims Can Be Discharged Without a Trust

Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.

If It Ain’t Broke, Should the Court “Fix” It? Payment Periods in Nonconsensual Sub V Plans

Oct 2024

Benchnotes October 2024

Oct 2024

Getting (Approximately) to Yes on Nondebtor Releases in Mass Tort Cases After Purdue Pharma

Oct 2024

Revesting on Discharge in Chapter 13 Can’t Be Mandated, Fourth Circuit Says

Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.

Another Bankruptcy Judge Decided that Sub V Classes with No Votes Aren’t Accepting

Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.

Preserving Defensive Setoff Rights Doesn’t Require Filing a Claim, Judge Glenn Says

Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.