Sub V Plan Can Require Automatic Increases Based on Actual Disposable Income
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.
A Tax Refund from Withheld Social Security Benefits Does Not Lose the Exemption
With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.
Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
Limits Placed on Rule 2004 Discovery After Chapter 11 Plan Confirmation
Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’
Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
Eleventh Circuit Predicted to Split with the Second Circuit on Foreign Recognition
Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
Gerrymandering to Create an Accepting Class Didn’t Pass Muster in Orlando, Fla.
Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.
Claims Not Scheduled Before the Bar Date Aren’t Always Excepted from Discharge
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.
Subchapter V Trustee Removed for an Undisclosed Conflict of Interest
Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.
Selling Assets of a Defunct Business Is a Legitimate Activity in ‘Sub V,’ Florida Judge Says
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.