Plan Confirmation

Eleventh Circuit Takes Sides on Circuit Split by Upholding the 2018 Increase in U.S. Trustee Fees

On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.

Court :

11th Circuit

Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases

A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.

Court :

4th Circuit

Virginia

Virginia Eastern District

The Valuation of Contingent Estate Litigation Claims

March 2022

Bankruptcy Code

1129

Topic Tags

Claims

Bankruptcy Litigation

Creditors' Committee

Financial Advisors

Business Reorganization

Public Companies and Claims Trading

Uniform Commercial Code/Article 9

Social Security and Good Faith Under 11 U.S.C. § 1325(a)(3)

Bankruptcy Code

Topic Tags

Thursday, January 13, 2022

Article Tags

Business Reorganization

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Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees

The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.

Court :

Supreme Court

Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases

The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.

Court :

2nd Circuit

Majority of Courts Use Confirmation Date to Value a Lender’s Collateral in Cramdown

Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.

Court :

10th Circuit

New Mexico