Plan Confirmation

Courts Are Now Split on Ignoring Nonvoting Classes in Subchapter V Plans

Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.

A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion

Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.

Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says

Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.

Supreme Court Reverses Purdue: No Nondebtor, Third-Party, Nonconsensual Releases

Justice Gorsuch for the majority bans third-party releases broader than a discharge for those who don’t surrender all their assets to the court.

Wind-Downs and Whistleblowers: Navigating Qui Tam in Bankruptcy

Aug 2024

Opting Into Opting Out: Due Process and Opt-Out Releases

Aug 2024

Hear Me Out: The Supreme Court Gives a Voice to Parties-in-Interest

Aug 2024

Prepacks and Subchapter V: An Uneasy Fit/Subchapter V Filings

Aug 2024

Post-Confirmation/Post-Sale Jurisdiction