Bankruptcy Plans

News & Analysis as of

Eleventh Circuit Approves Non-Consensual, Non-Debtor Releases in Chapter 11 Plan

In March 2015, the Eleventh Circuit Court of Appeals made clear that bankruptcy courts in that circuit can, under certain circumstances, confirm a Chapter 11 plan that includes non-consensual, non-debtor releases – the...more

Have You Noticed Your Payment Change? Advisory Rules Committee Proposes Amendments to Bankruptcy Rule 3002.1

The Judicial Conference Advisory Committee on Bankruptcy Rules (the “Advisory Committee”) recently published proposed amendments to the Bankruptcy Rules, including Bankruptcy Rule 3002.1, which requires a secured creditor to...more

Appeals: Try, Try Again – If You Can Get Your Foot in the Door You May Succeed

Rev Op Group v. ML Manager LLC (In re Mortgages Ltd.), 771 F.3d 623 (9th Cir. 2014) – Under the terms of a debtor’s confirmed plan of reorganization, an entity (ML Manager) was designated to manage the debtor’s...more

Bankruptcy Beat: Single Asset Real Estate Debtor Could Not Show That Plan with Substantial Balloon Payment had a Realistic Chance...

At issue in GRG Acquisitions, LLC v. MDM Golf of Gillette Ridge, LLC (In re MDM Golf of Gillette Ridge, LLC), Case No. 14-21565 (ASD) (December 23, 2014), was whether relief from the automatic stay should be granted to a...more

Third Circuit Finds Settlement Agreement to be Plan Modification

In SCH Corp. et al. v. CFI Class Action Claimants (In re SCH Corp.), the Third Circuit Court of Appeals held that a settlement agreement that constituted a plan modification request must be examined under 11 U.S.C. §1127 as...more

Denial of Plan Confirmation and Finality - Supreme Court's Resolution of Circuit Split May Apply to Chapter 11

The Supreme Court has agreed to hear Bullard v. Hyde Park Savings Bank (In re Bullard), U.S., No. 14-116 (cert. granted 12/12/14). The Court's decision in this case will resolve a circuit split with regard to whether an order...more

Detroit Confirms Chapter 9 Plan of Adjustment

Approximately 16 months after filing the largest chapter 9 bankruptcy in history, Detroit received approval November 7 of its chapter 9 plan of adjustment. Bankruptcy Judge Stephen Rhodes of the Eastern District of Michigan...more

Bill on Bankruptcy: Versace Mansion Up for Sale, Casey Anthony  [Video]

July 10 (Bloomberg Law) -- This week's Bloomberg bankruptcy video kicks off with two items usually associated with tabloid journalism. First, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle...more

Will Your Bankruptcy Be Successful?

You don’t want to file bankruptcy. I get that. But if you are going to file, you want your bankruptcy to be successful. Right?...more

Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

The U.S. Court of Appeals for the Fifth Circuit recently issued two decisions that affect a borrower’s ability to confirm a bankruptcy plan, Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village...more

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