Plan Confirmation

Supreme Court Hears Argument on Who Has Standing in Bankruptcy Cases

The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.

Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.

June 2024

Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.

April 2024

Equitable Mootness Didn’t Stop the Court from Taking Away Stock Bought in a Plan

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

July 2024

Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

Judge Rails Against Subchapter V Cases Taking as Long as ‘Regular’ Chapter 11s

An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.

Health Care Bankruptcy & Restructuring for Creditors This session will focus on key issues in a health care restructuring or bankruptcy from a creditor's point of view. It will address issues pertaining to both secured and unsecured creditors. Possible topics include: (1) understanding ways health care businesses are financed (receivables financing, municipal bond financing); (2) bankruptcy alternatives (receiverships, ABC, workouts); (3) DIP financing for health care businesses; (4) anticipating regulatory review; (5) issues concerning health care 363 sales; (6) issues facing committees in health care bankruptcy cases; and more. The session will help attorneys who represent creditors understand some of the main issues their clients face with respect to distressed health care businesses and strategies for protecting their interests as the debtor goes through a Chapter 11 case. Creditor Suggested Speakers Jeffrey Fuller jfuller@bloombergindustry.com Bloomberg Industry Group