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Plan Confirmation

Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization

Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.

Reversing the BAP, Ninth Circuit Allows Chapter 13 Plans with Estimated Durations

The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.
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Ninth Circuit Now Permits Nonconsensual, Third-Party Releases in Chapter 11 Plans

Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
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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.
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Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
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Sixth Circuit Allows Chapter 13 Debtors to Continue Retirement Plan Contributions

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’
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