Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.
BAP Upholds Confirmation of a Plan with No Trust for Future Asbestos Claimants
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
Court:
Opposing Relief, a Creditor Isn’t Required to Show Constitutional Standing
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
Court:
Mock Hearing on Plan Feasibility
Please sign in to access Materials or click here to join ABI.
Supreme Court Update
Plan Didn’t Extinguish Debts, Only Discharged Them, Fifth Circuit Says
A plan saying that it satisfies and settles claims does nothing more than discharge the claims. It doesn’t extinguish the claims, the Fifth Circuit says.
Court:
Confirmation Issues
Please sign in to access Materials or click here to join ABI.
Second Circuit Updates with Bill Rochelle
No Stay Pending Appeal on Nondebtor Opt-Out Releases in a Chapter 11 Plan
The debtor agreed not to raise equitable mootness on an appeal only challenging nondebtor opt-out releases.
Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.