Plan Confirmation

Second Circuit’s Purdue Decision Intensifies Debate

Sept 2023

Recoveries on Postpetition Tort Recoveries Do (Do Not) Belong to Creditors in ‘13’

Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.

Curing What Actually Ails You

Nov 2023

Ordinary-Course Payments by an Individual in a Sub V Proceeding

Sept 2023

Contested Confirmations

Government to Seek Supreme Court Review of Purdue’s Third-Party, Nondebtor Releases

In a motion to stay the issuance of the mandate, the government has announced that it will be filing a petition for certiorari asking the Supreme Court to review the Second Circuit’s Purdue decision allowing bankruptcy courts to issue releases to nondebtors.

The Use of Mediation in Large Chapter 11 Cases: Useful, Voluntary and Mandatory (Part I)

Aug 2023