April 8, 2021
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
10th Circuit , Kansas ,
April 2, 2021
Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.
10th Circuit , Colorado ,
March 8, 2021
The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.
March 4, 2021
Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.
February 11, 2021
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.
January 20, 2021
Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.
January 15, 2021
Dissenter would have upheld horizontal gifting on the merits.
January 13, 2021
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
9th Circuit , Idaho ,
January 5, 2021
The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.
December 28, 2020
In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.