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Practice and Procedure

Three Judges Permit Redesignation under the SBRA, But with Qualifications

The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.

4th Circuit
Maryland
Friday, July 10, 2020
Article Tags
Practice and Procedure
Covid19
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Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection

In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.

8th Circuit

Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows

The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.

7th Circuit
Wednesday, July 8, 2020
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Mass Torts
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Involuntary Cases Meet Abstention in ABC Cases

Sept 2020

Topic Tags
Bankruptcy Litigation
Practice and Procedure
Unsecured Trade Creditors

Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization

Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.

10th Circuit
Oklahoma
Oklahoma Western District

The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony

For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.

9th Circuit

Government Notches 4 Victories, Debtors Win Once, in Fights over PPP ‘Loans’

Government often wins by arguing that the Small Business Act prohibits injunctions forcing the SBA to consider granting ‘PPP’ loans without regard to whether the applicant is a chapter 11 debtor.

5th Circuit

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

2nd Circuit
New York
New York Southern District
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