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:
Supreme Court Update
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.
Two Courts Hold: Injunctions Are Ok to Protect Nondebtors for the Life of a Plan
Judge Meredith Grabill of New Orleans agreed with New York’s Judge Mastando that a Subchapter V plan can enjoin lawsuits against nondebtors for the life of a three-year plan.
A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7
After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.
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Post-Petition or ‘Evergreen’ Retainers Are Permissible in Subchapter V, Judge Isicoff Says
A Sub V case was not of a ‘size or exceptional nature’ to justify a post-petition retainer when counsel could file interim fee applications.
A Homeowners’ Association Is Not a ‘SARE’ and Is Eligible for Sub V of Chapter 11
A homeowners’ association is not a single asset real estate debtor because the HOA’s income doesn’t come from the common areas but from assessments paid by unit owners.