A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
Congress created a loophole in the hanging paragraph in Section 1325(a).
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.