Plan Confirmation

The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.

Court :

9th Circuit

Nevada

Ninth Circuit Equivocates on ‘Collection Injunctions’ in Individual Chapter 11s

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

Court :

9th Circuit

Friday, March 13, 2020

Article Tags

Practice and Procedure

Business Reorganization

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HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan

Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.

Court :

6th Circuit

Michigan

Michigan Eastern District

Tuesday, March 10, 2020

Article Tags

Practice and Procedure

Business Reorganization

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Monday, March 9, 2020

Article Tags

Business Reorganization

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To Avoid U.S. Trustee Fees, Court Liberally Allows Closing a Case After Confirmation

Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.

Court :

2nd Circuit

Connecticut