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Plan Confirmation

Case Law Summary of 2024 Duberstein Moot Court Competition Problem

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The 32nd Annual Duberstein National Bankruptcy Moot Court Competition Problem

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Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’

A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.

5th Circuit

A Homeowners’ Association Is Not a ‘SARE’ and Is Eligible for Sub V of Chapter 11

A homeowners’ association is not a single asset real estate debtor because the HOA’s income doesn’t come from the common areas but from assessments paid by unit owners.

4th Circuit
North Carolina
North Carolina Eastern District

Simply the Vest: A Judicial Roundtable Discussion of Vesting and Why It Matters in Commercial and Consumer Reorganizations

Bankruptcy Code
1181
1185
1191
301
302
303
348
363
503
510
547
1115
1123
1129
1141
1222
1227
1228
1306
1325
1327
1322
362
541
544
Topics
Plan Confirmation
Consumer Bankruptcy
Business Reorganization

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Dead Ends and Detours: When the Best-Laid Plans Collapse

Bankruptcy Code
363
Topics
Plan Confirmation
Health Care
Unsecured Trade Creditors

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Equitable Mootness: Has the Scalpel Become an Axe?

June 2025

Topic Tags
Bankruptcy Litigation
Plan Confirmation

Bill Rochelle’s Top 10 Daily Wires

Bankruptcy Code
1181
1183
1191
1192
101
103
105
106
109
157
301
303
305
327
329
330
348
350
363
365
501
502
503
506
507
522
523
524
547
707
726
727
1101
1102
1107
1109
1112
1123
1127
1129
1141
1228
1307
1325
1326
1329
1501
1502
1126
1322
362
541
544
Topics
Asset Sales
Automatic Stay
Claims
Fraudulent Transfers
Plan Confirmation
Preferences
Professional Compensation/Fees
Venue/Jurisdiction
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
International Insolvency
Mass Torts
Small Business

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In Sub V, No Compensation for a Rehearing Motion Contrary to Circuit Authority

After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.

9th Circuit
California
California Eastern District

Plan Confirmation Denied for Too Little Post-Confirmation Supervision by the Court

Bankruptcy Judge Littlefield insisted on supervision of post-confirmation legal fees when there was to be a ‘litany of litigation’ after confirmation.

2nd Circuit
New York
New York Northern District
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