Plan Confirmation | ABI

Personal Injury Settlement Not Included in Calculating Projected Disposable Income

Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.

Court :

Absolute-Priority Rule Should Not Apply in Ch. 11 Cases

Bankruptcy Code

Topic Tags

Plan Confirmation

Consumer Bankruptcy

Absolute-Priority Rule Should Apply in Individual Ch. 11 Cases

Bankruptcy Code

Topic Tags

Plan Confirmation

Consumer Bankruptcy

Invoking Common-Interest Doctrine to Protect Plan Communications

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Practice and Procedure

Benchnotes May 2021

Bankruptcy Code

11 U.S.C. § 363(m)

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Plan Confirmation

Professional Compensation/Fees

Consumer Bankruptcy

Family/Divorce Issues

The Applicability of the § 1111(b) Election in a Small Business Case

Bankruptcy Code

Topic Tags

Plan Confirmation

What Investors Need to Know About the New Brazilian Law

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Financial Advisors

Plan Confirmation

Practice and Procedure

Business Reorganization

International Insolvency

Labor/Employment

Lender Liability

Turnaround Issues

Unsecured Trade Creditors

Tuesday, March 16, 2021

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Plan Confirmation

Business Reorganization

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Split Grows on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

Court :

Texas Northern District

Courts Are Split on Whether Counsel Fees Are Considered in the Chapter 13 Best Interests Test

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

Court :

Wisconsin Eastern District

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