January 11, 2023
The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.
January 9, 2023
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
December 20, 2022
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
3rd Circuit , Delaware ,
December 2, 2022
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
November 22, 2022
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.
November 15, 2022
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
9th Circuit , Idaho ,
November 14, 2022
The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.
November 9, 2022
A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.
November 8, 2022
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
October 31, 2022
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.