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ABI Journal

Plan Confirmation

Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

Wednesday, January 17, 2024
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Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees

Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.

Look on the Bright Side: Creditor Strategies for Subchapter V Cases

Creditors often feel they have little to no leverage in Subchapter V cases. But is that necessarily the case? This panel would focus on strategies for approaching Subchapter V cases from a creditor's prospective. The session would give lawyers tools for counseling their clients through Subchapter V, particularly given most creditors' lawyers feel there are little to no options. Creditor Timothy Anzenberger tim.anzenberger@arlaw.com Adams and Reese LLP
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Denial of Modification of a Chapter 11 Plan Is Final and Appealable

Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.

No Vote, No Problem — Right? Novel Ethical Implications of a Subchapter V Bankruptcy Nonconsensual Plan

The Small Business Reorganization Act of 2019, also known as SBRA (Pub. L. No. 116-54), became effective on Feb. 19, 2020. This legislation allows a small business debtor to choose, during the filing process, to proceed under subchapter V within chapter 11.

With Reservations, a Chapter 11 Debtor with No Financial Distress Avoids Dismissal

Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.