Circuit Splits and Hot Topics with Bill Rochelle and Friends
Second Circuit Won’t Vacate the Stay Pending Appeal from Voyager’s Confirmation Order
A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.
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Judge Isgur Allows 401(k) Contributions in Chapter 13 Up to What the IRS Code Allows
Contributions to 401(k) plans are deducted from ‘projected disposable income,’ even though the debtor was not making contributions before filing
Later Developments Don’t Undo Subchapter V Eligibility, Houston Judge Says
In the Alex Jones corporate Subchapter V case, Bankruptcy Judge Christopher Lopez said that the later chapter 11 filing by Jones himself, with about $1.5 billion in debt, didn’t kick the corporate debtor out of Subchapter V and into ‘ordinary’ chapter 11.
Delaware Judge Explores the Theories Behind ‘Opt-In’ and ‘Opt-Out’ Chapter 11 Plans
Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases.
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Rebuffed in Bankruptcy Court, the Government Wins a Stay of Voyager’s Confirmation
The U.S. Attorney argued in district court that the Voyager plan would bar the government from enforcing federal regulations and criminal laws.
WeWork Starts Bond Exchange as Part of Debt-Restructuring Plan
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Delaware and New York District Courts Split on Permissibility of Non-Debtor Releases
Upholding confirmation of the Boy Scouts’ chapter 11 plan, the district judge in Delaware disagreed with his counterpart in New York who found no statutory power to impose non-consensual, non-debtor third-party releases.
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