February 12, 2018
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
February 8, 2018
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
February 6, 2018
Congress created a loophole in the hanging paragraph in Section 1325(a).
Congress created a loophole in the hanging paragraph in Section 1325(a).
February 5, 2018
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
10th Circuit , Colorado ,
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
10th Circuit , Colorado ,
January 31, 2018
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
January 9, 2018
Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.