Plan Confirmation

‘Economic Unit Approach’ Best Fixes the Size of a ‘Household,’ Judge Larson Says

The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.

Benchnotes December 2022

Dec 2022

Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

Possibly Dicta, the Fifth Circuit Disallows Make-Wholes

Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.

Are Valuation Disputes Futile?

Jan 2023

Consumer: Chapter 13 Stressors: Appreciation, Inflation, Budgets and Plan Length

Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13

Judge Rosania answered a question left open by the Tenth Circuit in Barrera.

Great Debates

Confirmation, Part II: Even More Challenges

Confirmation: Challenges of Today