Plan Confirmation | ABI

Crooked Path to Nondischargeability of Restitution Obligations

Bankruptcy Code

Topic Tags

Plan Confirmation

Practice and Procedure

Discharge/Dischargeability

Commercial Fraud

Creative Use of Chapter 11 to Pursue Patent Claims in FastShip (and a “Chapter Two”)

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Practice and Procedure

Cramdown for Unsecured Creditors: Since When Does “Best Interests” Mean Less Interest?

Bankruptcy Code

Topic Tags

Plan Confirmation

Business Reorganization

Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test

Some justices are critical of the existing test for ruling on non-statutory insider status.

Court :

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

Court :

New York Eastern District

“Per Plan” or “Per Debtor”? Transwest Reignites the § 1129(a)(10) Debate

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Business Reorganization

An Individual Debtor’s “Business” for Purposes of § 1141(d)(3)(B)

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Discharge/Dischargeability

Business Reorganization

Avoiding Contract Divisibility to Get You Paid as an Unsecured

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Bankruptcy Litigation

Executory Contracts/Leases

Plan Confirmation

Business Reorganization

Plan Confirmation Cuts Off Adverse Claims to Ownership of Debtor’s Property

Res judicata is flexibly applied again to bankruptcy cases.

Court :

New York Southern District

Benchnotes April 2018

Bankruptcy Code

11 U.S.C. §§ 101-1532

Topic Tags

Bankruptcy Litigation

Fraudulent Transfers

Plan Confirmation

Venue/Jurisdiction

Consumer Bankruptcy

Business Reorganization

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