J. Ellsworth Summers, Jr.

J. Ellsworth Summers, Jr.

Rogers Towers

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Chapter 20 in the Eleventh Circuit: Modification of Secured Claims Impermissible Without Discharge

Nearly a year ago to the day, we published a post regarding the uncertainty that bankruptcy practitioners and lenders faced when a Chapter 7 debtor received a discharge, and subsequently filed a Chapter 13 petition to strip...more

11/7/2013 - Chapter 13 Chapter 20 Chapter 7 Consumer Bankruptcy Cramdown Debtors Dischargeable Debts Lenders

Formal Objection to Confirmation not Necessary to Appeal “Absolute Priority” Violation

Cramdown. The very word makes the hair on the back of lenders’ necks stand up, because in the past, there was little a lender could do once the bankruptcy court confirmed a Chapter 11 plan....more

12/11/2012 - Absolute Priority Rule Chapter 11 Cramdown

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