Plan Confirmation

Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

Actual Notice Is Required for a Plan Injunction to Bind a Creditor

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.

Supreme Court Hears Argument on Who Has Standing in Bankruptcy Cases

The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.

Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
Court: 

Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.

Equitable Mootness Didn’t Stop the Court from Taking Away Stock Bought in a Plan

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
Court: 

Judge Rails Against Subchapter V Cases Taking as Long as ‘Regular’ Chapter 11s

An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.

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