February 17, 2022
A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.
February 14, 2022
So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.
February 11, 2022
Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.
February 9, 2022
Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.
January 27, 2022
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
January 25, 2022
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
January 20, 2022
On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.
January 19, 2022
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
January 12, 2022
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
January 11, 2022
The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.