The Absolute Priority Rule Is Alive and Well in Individual Chapter 11 Cases
The BAPCPA amendments in 2005 did not abrogate the absolute priority rule for individuals in chapter 11, Bankruptcy Judge Russin says.
Rising Home Values and Chapter 13: A Deepening Split
When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.
Payments Were Preferences Even Though They Were Made with Insurance Proceeds
A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.
Eighth Circuit Definitively Holds: Avoidance Actions Are Estate Property and Can Be Sold
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
Court:
Updates in Cryptocurrency Bankruptcies: What We've Learned and What to Expect
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Circuits Are Now Split on Who Gets Appreciation in a Home When a ‘13’ Converts to ‘7’
Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.
Court: