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Rochelle's Daily Wire

June 3, 2020

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’

May 22, 2020

Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.

May 14, 2020

Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing

May 12, 2020

Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.

May 8, 2020

Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.

April 23, 2020

Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.

April 14, 2020

A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.

March 31, 2020

Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.

March 19, 2020

The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.

March 18, 2020

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

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