New York Northern District

Constitutional and Prudential Standing Survived Truck Insurance, Judge Kinsella Says

Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?

Class Action Commonality Justifies an ‘Opt Out’ Plan for Nondebtor Releases

With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.

Committees Don’t Dissolve Automatically on Chapter 11 Dismissal, District Judge Says

Bucking the weight of authority, a district judge allowed an equity committee to appeal dismissal of a chapter 11 case, where the committee wanted a chapter 11 trustee rather than dismissal.

Eligibility for Subchapter V Is Liberal, but Not Wide Open

Courts are split on whether the debt providing eligibility for Sub V must have arisen from a business that was active on the filing date.

Chapter 13 Creditors Get Exempt Assets that Produce Income

Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.

May a Chapter 13 Plan Pay a Larger Percentage Toward Student Loans?

Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed

New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.