July 25, 2024
Bankruptcy Judges Wiles in New York decided that insiders were not entitled to releases under Section 503(c), but not for the reasons contained in Purdue.
July 8, 2024
Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.
July 5, 2024
Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.
July 2, 2024
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.
June 28, 2024
Justice Gorsuch for the majority bans third-party releases broader than a discharge for those who don’t surrender all their assets to the court.
June 14, 2024
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
June 7, 2024
The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
May 30, 2024
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
May 9, 2024
Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.