Plan Confirmation

Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

Current Events with Bill Rochelle (and Guests!)

Third-Party Releases

Benchnotes March 2023

March 2023

Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

The Evolution of the Discount for Lack of Marketability

March 2023

Have We Led Chapter 13 Debtors Down the Garden Path with Promises of Pandemic Relief?

March 2023

Reliance Upon J. Alix Protocol May Preclude Exculpation in Fifth Circuit

A New Exception to a Strict Fifth Circuit Prohibition

Ninth Circuit Holds that the Solvent-Debtor Exception Survived Passage of the Bankruptcy Code

If a solvent chapter 11 debtor designates creditors as unimpaired, what rate of post-petition interest must the debtor pay those creditors? That question has divided bankruptcy courts. Some have held that a plan must pay unimpaired creditors post-petition interest at the contract rate.

Adverse Plan Amendment Requires a Disclosure Statement and More Voting, Circuit Says

The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.