Plan Confirmation

Proposed Fixes for the Third-Party-Release Issue in Chapter 11 Cases

Feb 2024

Examining the Absolute-Priority Rule in Individual Chapter 11 Cases

Feb 2024

Real Estate Property Tax Claims and Issues

Real Estate Property taxes are often a major issue that drives a debtor into chapter 13 and perhaps 7. The various states and municipalities have may different ways to collect the taxes, including the opportunity to sell the taxes to a buyer who can ultimately obtain title to the property for payment of those taxes. This session would be a discussion of common issues faced by debtors, municipalities and courts around the country regarding the payment and collection of these taxes. Attendees will understand the many ways that real estate property taxes are handled by municipalities and bankruptcy courts.
Attendees will understand the various procedural and legal issues that a debtor much be aware as they attempt to deal with these taxes in their Bankruptcy case.
Consumer Janet Baer janet_baer@ilnb.uscourts.gov US Bankruptcy Court, ND Il

Deeper Dive Into the New Value Exception to the Absolute Priority Rule

Judge Harner's recent Cleary Packaging opinion is a good illustration of how amorphous some of the jurisprudence on new value is after 203 N. LaSalle. This is a topic that practitioners need to know well in a contested non-sub v confirmation hearing. A survey of what works and what doesn't could be very helpful. Business Bruce Harwood bruce_harwood@nhb.uscourts.gov USBC D NH

The Exchange: Turning Over Tax Refunds After ACP Expiration to Obtain a Longer Plan Term

July 2024

Judge Harner Gives Contours to the Amorphous Notion of ‘New Value’

The ‘new value’ offered by old equity in a chapter 11 plan was insufficient because it was only a small fraction of claims and because the dividend to creditors was also small.

IRS Standard Deduction for Housing Can Be Taken Without Mortgage or Rent Expense

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

Business Valuation in Bankruptcy

This panel would provide an overview of valuation issues in bankruptcy cases. I would expect that the panelists (all non-attorneys, but maybe one judge) would discuss purposes, standards, and fair market valuation; plus, premises of value, going-concern value, liquidation value; and also market based, income, and asset based approaches to valuation. Business John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim

Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.