The Ins and Outs of Plan Solicitation
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Plan Confirmation
Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation
Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.
New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders
Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
Court:
Gibson Brands Wins Court OK to Exit Bankruptcy
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Class Settlements After Confirmation Require Rule 23 Class Certification
Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
Court:
Makewhole Premium Disallowed When the Debt Had Been Accelerated
Judge Flatley avoids taking sides in the Second/Third Circuit split.
Chicago Judge Refuses to Confirm a ‘Step’ Chapter 13 Plan
Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.
Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans
‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.