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Rochelle's Daily Wire | ABI Exclusive
August 13, 2019
Eighth Circuit Upholds Backstopped Rights Offerings for Chapter 11 Plans
Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.
August 8, 2019
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
August 5, 2019
Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
July 16, 2019
Liquidation Value Required in a Chapter 12 Cramdown
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
July 15, 2019
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
July 11, 2019
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Michigan Eastern District
June 25, 2019
Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds
The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.
June 24, 2019
Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
June 10, 2019
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
Florida Southern District
May 29, 2019
Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.