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Plan Confirmation

Liquidation Value Required in a Chapter 12 Cramdown

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

9th Circuit
Idaho

Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days

The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.

9th Circuit

Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years

Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.

6th Circuit
Michigan
Michigan Eastern District
Tuesday, June 25, 2019
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
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Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds

The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.

3rd Circuit

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.

5th Circuit
Thursday, June 20, 2019
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
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Tuesday, June 11, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Professional Compensation/Fees
Business Reorganization
Retail
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Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

11th Circuit
Florida
Florida Southern District
Wednesday, June 5, 2019
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
Health Care
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