September 18, 2023
The BAPCPA amendments in 2005 did not abrogate the absolute priority rule for individuals in chapter 11, Bankruptcy Judge Russin says.
May 2, 2023
A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.
April 20, 2023
Contrary to the Fourth Circuit, five bankruptcy courts have now held there’s no such thing as nondischargeability for corporate Sub V debtors. The question is now before the Fifth Circuit.
April 18, 2023
Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.
February 17, 2023
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.
February 7, 2023
The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.
January 4, 2023
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
December 2, 2022
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
July 28, 2022
With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.
May 26, 2022
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).