Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.