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Plan Confirmation

Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation

Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.

5th Circuit

Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively

Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.

4th Circuit
North Carolina
North Carolina Middle District

Voting and the Apathetic Creditor

Dec 2020

Bankruptcy Code
1334(b)
762
1129
1126
Topic Tags
Bankruptcy Litigation
Creditors' Committee
Plan Confirmation

First Opinion on the SBRA Permits Conversion of an Existing Chapter 11 Case

Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.

9th Circuit
California
California Central District

EMERGE-ing Comparable Companies Valuation Analysis

May 2020

Bankruptcy Code
1129
valuation
Topic Tags
Plan Confirmation
Valuation
Business Reorganization

Second Circuit Plugs Another Hole in the Johns-Manville Asbestos Trust

Reinstating a ruling by Bankruptcy Judge Cecelia Morris, the appeals court held that the Manville asbestos trust covers both in rem and in personam claims by ‘future’ claimants against insurers and brokers.

2nd Circuit

Third Circuit Endorses an Alternative to Section 524(g) Trusts for Asbestos Cases

Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.

3rd Circuit

Amending the Lease-Assumption Deadline in the Wake of COVID-19

June 2020

Bankruptcy Code
365
Topic Tags
BAPCPA at 10
Bankruptcy Litigation
Executory Contracts/Leases
Plan Confirmation
Business Reorganization
Covid19
Real Estate

May a Chapter 13 Plan Pay a Larger Percentage Toward Student Loans?

Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?

2nd Circuit
New York
New York Northern District
Monday, February 3, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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