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ABI Journal

Plan Confirmation

Three Years Is the ‘Default’ Duration for a Subchapter V Plan, Judge Robinson Says

The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.

5th Circuit
Texas
Texas Western District

Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.

3rd Circuit
07
July
2025
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Read more.
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
07
July
2025
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Read more.
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
07
July
2025
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Read more.
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Sub V Plan Doesn’t Require Automatic Increases Based on Actual Disposable Income

Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.

5th Circuit
Texas
Texas Western District
Bankruptcy Code
524
542
547
704
727
1102
1103
1106
1107
1108
1121
1122
1123
1125
1127
1128
1129
1141
1126
362
541
544
548
Topics
Plan Confirmation
Bankruptcy Code
1182
1191
1192
Section 106(a)
101
103
105
106
108
109
11 U.S.C. § 363(m)
1334
157
158
586
327
328
330
348
363
365
502
522
523
524
546
547
552
554
707
727
741
1103
1104
1109
1112
1115
1123
1127
1129
1141
1226
1228
1306
1325
1326
1327
1328
1329
1501
1508
1509
1520
1521
1527
1126
1322
326
362
541
544
548
550
Topics
Asset Sales
Automatic Stay
Claims
Executory Contracts/Leases
Fraud
Fraudulent Transfers
Plan Confirmation
Preferences
Professional Compensation/Fees
Venue/Jurisdiction
Discharge/Dischargeability
Business Reorganization
International Insolvency
Small Business

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

11th Circuit
Florida
Florida Southern District
The Impaired Insider Paradox and the § 1191(b) Solution

July 2024

Bankruptcy Code
1191
1129
Topic Tags
Plan Confirmation
Business Reorganization
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