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Plan Confirmation

November 2019 Benchnotes

Nov 2019

Bankruptcy Code
Sect. 1123(a)(4)
524
Topic Tags
BAPCPA at 10
Claims
Bankruptcy Litigation
Court Administration
Legislation
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
Mortgage
Business Reorganization
Unsecured Trade Creditors

Another Judge Clamps Down on Third-Party Releases in a Major Reorganization

Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.

6th Circuit
Ohio
Ohio Northern District

Section 363 Doesn’t Apply to Asset Sales in a Chapter 11 Plan, Judge Garrity Rules

Section 363(o) claims nonetheless must be counted in deciding whether a chapter 11 plan passes the best interests test.

Monday, August 26, 2019
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
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New Laws, New Duties: USTP’s Implementation of the HAVEN Act and the SBRA

Oct 2019

Bankruptcy Code
101
586
704
707
1129
1225
1325
Topic Tags
Creditors' Committee
Plan Confirmation
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
Chapter 12/Farm Cases

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.

9th Circuit

Vesting in the Windy City: Debtors Should Decide How to Vest Property Under Chapter 13

Oct 2019

Bankruptcy Code
11 U.S.C. § 362
348
1302
1306
1307
1321
1324
1327
1322
Topic Tags
Automatic Stay
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy

The State of the Chapter 13 Estate: Miseducation of §§ 1306 and 1327

Oct 2019

Bankruptcy Code
1306
1327
1322
541
Topic Tags
Plan Confirmation
Consumer Bankruptcy

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.

9th Circuit
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