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ABI Journal

Plan Confirmation

Monday, August 26, 2019
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Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility

In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.

Friday, August 16, 2019
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Wednesday, August 14, 2019
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Eighth Circuit Upholds Backstopped Rights Offerings for Chapter 11 Plans

Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.