This DIP Loan Should Be Brought to You by Someone Who CARES! (or, “You Can’t Get There from Here”): A Plea for Rationality: Part Two 1/2
Journal Issue:
Please sign in to access Journal articles or click here to join ABI.
105
Fifth Circuit Bans Molina Provisions in Chapter 13 Plans
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.
Court:
Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA
A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
Court:
Critical Vendor Motion Heads for the Second Circuit
New York district court upholds a typical critical vendor order.
Benchnotes April 2020
Journal Issue:
Please sign in to access Journal articles or click here to join ABI.
Stay Violation Order Is Final Even Before Attorneys’ Fees Are Awarded, Circuit Says
First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.
Court:
Incorporating AAA Rules by Reference Won’t Work with Consumers
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
Court: