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Plan Confirmation

Benchnotes December 2020

Dec 2020

Bankruptcy Code
11 U.S.C. § 363(o)
Topic Tags
Plan Confirmation
Practice and Procedure
Business Reorganization
Thursday, October 29, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
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Texas Mineral Liens May Be Modified in a Subchapter V Cramdown Plan

A cramdown plan can reduce the collateral coverage for secured creditors.

5th Circuit
Texas
Texas Southern District

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
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‘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
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