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ABI Journal

Plan Confirmation

Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300

Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’

Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan

Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.

A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says

Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.

Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9

Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.

There Are No Fractions of a Household in Tacoma, Washington

Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.