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ABI Journal

Plan Confirmation

Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

5th Circuit

Impact of Marshaling and Surcharge Waivers at Plan Confirmation

April 2022

Bankruptcy Code
11 U.S.C. § 506
11 U.S.C. § 506(c)
1129
Topic Tags
Creditors' Committee
Plan Confirmation
Business Reorganization
Finance and Banking

Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

2nd Circuit
New York
New York Southern District

Chapter 13 Can Shield Preferences from Recovery

So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.

7th Circuit
Illinois
Illinois Southern District

Chapter 13 Plan that Cures Arrears Pays Interest on Unpaid Principal, Judge Faris Says

Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.

9th Circuit
Hawaii

Horizontal ‘Gifting’ Approved in Mallinckrodt’s Confirmed Chapter 11 Plan

Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.

3rd Circuit
Delaware
Wednesday, February 2, 2022
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Airlines
Business Reorganization
Covid19
International Insolvency
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member
Monday, January 31, 2022
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Airlines
Business Reorganization
Covid19
International Insolvency
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member

Are Inheritances Estate Property in Chapter 13? You Decide

Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.

5th Circuit
Texas
Texas Northern District
Wednesday, January 26, 2022
Article Tags
Claims
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Airlines
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member
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