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ABI Journal

Plan Confirmation

Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination

An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.

Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility

The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.

After Transwest, the “Per Plan” or “Per Debtor” Debate Continues

Aug 2023

Bankruptcy Code
Topic Tags
Sub V and the Condo Association: A Not-so-Perfect Solution

Aug 2023

Bankruptcy Code
Litigation Trust’s Responsibility to Pay Quarterly U.S. Trustee Fees May Depend on Plan Language

June 2023

Topic Tags

A Statement ‘For Informational Purposes’ Can Still Be a Stay Violation, BAP Says

A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.

Second Circuit Won’t Vacate the Stay Pending Appeal from Voyager’s Confirmation Order

A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.