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ABI Journal

Plan Confirmation

Third Circuit’s Warning Shot to Senior Creditors in In re Tribune

Dec 2020

Bankruptcy Code
510
1129
Topic Tags
Claims
Bankruptcy Litigation
Plan Confirmation
Business Reorganization
Finance and Banking
Investment Banking
Thursday, October 22, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Covid19
Retail
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Thursday, October 15, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Covid19
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

‘13’ Plans Already in Default on March 27 May Be Extended Under the CARES Act

Judge Grabill finds nothing in Section 1329(d) to preclude extending the duration of a plan if payments were already in default when the CARES Act was enacted on March 27.

5th Circuit
Louisiana
Louisiana Eastern District

Chapter 13 Debtors Retain Appreciation in Property After Conversion or Plan Amendment

On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.

10th Circuit
Tuesday, September 29, 2020
Article Tags
Court Administration
Plan Confirmation
Business Reorganization
Health Care
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Surety Bonds Aren’t Executory Contracts and Can’t Be Assumed Even if They Are

Insurance companies must nail down the treatment of performance bonds before plan confirmation.

5th Circuit
Louisiana
Monday, September 28, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Covid19
Retail
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

Substituting a Trustee as the Party in Interest Isn’t Amending the Complaint

Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.

6th Circuit
Michigan
Michigan Eastern District

Killing Two Birds with One Stone: BAP Denies Novel Attempt for § 364(d) Exit Financing in SARE Case, Rules Stay Relief Should Have Been Granted

Nov 2020

Bankruptcy Code
11 U.S.C. § 362
364
1129
Topic Tags
Automatic Stay
Plan Confirmation
Business Reorganization
Real Estate
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