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Plan Confirmation

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
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Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
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Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient

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.
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Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
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Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged

Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
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