February 11, 2021
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.
January 20, 2021
Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.
January 15, 2021
Dissenter would have upheld horizontal gifting on the merits.
January 13, 2021
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
January 5, 2021
The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.
December 28, 2020
In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
December 4, 2020
The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.
November 6, 2020
Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.
October 27, 2020
A cramdown plan can reduce the collateral coverage for secured creditors.