Plan Confirmation

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

Court :

2nd Circuit

Plans Longer than 5 Years Can’t Be Amended Now Because Section 1329(d) Has Expired

A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.

Court :

7th Circuit

Wisconsin

Wisconsin Eastern District

Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

Court :

9th Circuit

‘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.

Court :

5th Circuit

Texas

Texas Northern District

Benchnotes December 2022

Dec 2022

Bankruptcy Code

11 U.S.C. § 362

11 U.S.C. § 365

the Debtor and the Estate›Subchapter I - Creditors and Claims›502

523

1325

Topic Tags

Automatic Stay

Executory Contracts/Leases

Plan Confirmation

Consumer Bankruptcy

Discharge/Dischargeability

Mortgage

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.

Court :

2nd Circuit

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.

Court :

5th Circuit

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