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ABI Journal

Plan Confirmation

Judge Sontchi Cuts Off U.S. Trustee Fees on Confirmation of a Chapter 11 Plan

Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.

Debt from a Defunct Business Can Help to Qualify for Subchapter V

Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.

Liquidating Plans

Bankruptcy Code

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Recent Confirmation Developments

Bankruptcy Code

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Circuits Are Now Split on the Constitutionality of the 2018 Increase in U.S. Trustee Fees

The Second Circuit split with the Fourth and Fifth Circuits by holding that the increase in fees for the U.S. Trustee system was unconstitutional because it was not imposed simultaneously in the two states with bankruptcy administrators.

Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans

A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.