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ABI Journal

Plan Confirmation

Partial “Dirt-for-Debt” Plans: A Risk for Secured Creditors in Oil and Gas Cases?

July 2022

Bankruptcy Code
1129
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Valuation
Business Reorganization

Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says

Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.

9th Circuit

First Circuit Upholds Confirmation of Puerto Rico’s Debt Adjustment Plan

Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.

1st Circuit

District Judge Barred Redesignation to SBRA in a Case Pending 16 Months

Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.

2nd Circuit
New York
New York Eastern District
Wednesday, April 20, 2022
Article Tags
Administrative Expense Claims
Court Administration
Plan Confirmation
Practice and Procedure
Preferences
Business Reorganization
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Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees

At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.

Supreme Court

Discharges in Subchapter V: What Has Changed? What Remains the Same? Are Elephants Hiding in Mouseholes?

June 2022

Bankruptcy Code
1191
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Discharge/Dischargeability
Business Reorganization
Small Business

FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

8th Circuit
Iowa
Iowa Northern District

Benchnotes May 2022

May 2022

Bankruptcy Code
1189
503
1129
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Claims
Executory Contracts/Leases
Fraud
Plan Confirmation
Consumer Bankruptcy
Family/Divorce Issues

SC SJ: One Take on Harmonizing the Bankruptcy Code and FAA

May 2022

Bankruptcy Code
11 U.S.C. § 502(c)
Topic Tags
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Plan Confirmation
Business Reorganization
Covid19
Hospitality, Entertainment Venues and Gaming
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