Plan Confirmation

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan

Split in lower courts now tilts toward precluding forced title vesting in chapter 13.

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

The Good, the Bad and the Ugly: Confirmation Standards