Plan Confirmation

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

Ninth Circuit-Confirmed Plans with Third-Party Releases

Bankruptcy Courts Always Have Post-Confirmation Jurisdiction for ‘Core’ Matters

The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.

SDNY Bankruptcy Court Holds Attorney/Client Retainer Is Sufficient to Establish Chapter 11 Eligibility

On Feb. 1, 2022, Hon. David S. Jones of the U.S. Bankruptcy Court for the Southern District of New York denied a motion to dismiss the chapter 11 cases of JPA No. 111 Co. Ltd. and JPA No. 49 Co. Ltd. (together, the “debtors”), each a Japanese single-purpose entity — finding that the debtors’ reversionary interest in unused retainer funds held by the debtors’ chapter 11 counsel established sufficient “ties” to the U.S. for purposes of chapter 11 eligibility under § 109 of the Bankruptcy Code [1].

Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith

Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.