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Plan Confirmation

Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds

The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.
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Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
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Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
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