Plan Confirmation

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Monday, February 12, 2018

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Plan Confirmation

Business Reorganization

Finance and Banking

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Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

Court :

5th Circuit

Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient

A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.

Court :

9th Circuit

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

Court :

4th Circuit

West Virginia

West Virginia Northern District

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

Court :

10th Circuit

Colorado

Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged

Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.

Court :

8th Circuit

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