Rochelle's Daily Wire

The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.

Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.

Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.

If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.

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.

Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.

An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.