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Consumer Bankruptcy › Commercial Bankruptcy › Appeals

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Dechert LLP

Fourth Circuit Allows Unsecured Claim for Post-Petition Legal Fees

Dechert LLP on

It is a well-established principle of bankruptcy law that claims generally crystallize as of the bankruptcy petition date. Of course, section 506(b) of the bankruptcy code allows over-secured, secured creditors to recover...more

Bradley Arant Boult Cummings LLP

Take It to the Limit: Increase in Chapter 13 Debt Limits

Bradley Arant Boult Cummings LLP on

Individuals have several options when filing bankruptcy. Chapter 13 is often preferred for individuals with regular income who wish to keep their homes and other secured assets. In a Chapter 13 filing, the court will approve...more

Rosenberg Martin Greenberg LLP

Fourth Circuit Allows Unsecured Creditors to Assert Claims for Attorneys' Fees In Bankruptcy Cases

Rosenberg Martin Greenberg LLP on

Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of...more

A&O Shearman

A Decision of Interest: U.S. Court of Appeals for the Second Circuit Opines on the Proper Interest Rate Under the Cramdown...

A&O Shearman on

On October 20, 2017, the United States Court of Appeals for the Second Circuit issued an important decision regarding the manner in which interest must be calculated to satisfy the cramdown requirements in a chapter 11 case....more

Burr & Forman

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

Burr & Forman on

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

Sherman & Howard L.L.C.

Waiving Statutory Foreclosure Provisions

Sherman & Howard L.L.C. on

The recently issued opinion of the Colorado Court of Appeals, in Armed Forces Bank v. Hicks, 2014 COA 74. No. 13CA0875 (June 5, 2014), is significant for commercial real estate lenders. In Hicks, the Bank was the...more

Best Best & Krieger LLP

Appellate Advice from an Appellate Court

Best Best & Krieger LLP on

The Bankruptcy Appellate Panel of the Ninth Circuit has adopted some materials designed to assist attorneys and litigants involved in a bankruptcy appeal before the BAP. Although many of the excellent materials address the...more

Jaburg Wilk

Can I collect my judgment if the other side is appealing?

Jaburg Wilk on

Phoenix business law firm Jaburg Wilk Appellate lawyer Kathi Sandweiss talks about what will happen if the opposing party decides to appeal. She also talks about whether or not you are required to appear in court if the other...more

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