April 20, 2024
Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.
March 28, 2024
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
March 26, 2024
A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.
February 13, 2024
Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.
February 7, 2024
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
10th Circuit , Colorado ,
January 29, 2024
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
9th Circuit , Oregon ,
January 11, 2024
Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.
December 8, 2023
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.
November 15, 2023
One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.
October 30, 2023
A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.
9th Circuit , Hawaii ,