Plan Confirmation

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Reverse Alter-Ego Claims Are Property of Bankruptcy Estate and Can Be Sold/Settled by Trustee In In re Nordlicht , 1 the Second Circuit Court of Appeals held that claims that business entities are

Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.

Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Circuit’s order approving the

Post-Confirmation Jurisdiction in Chapter 13: Is Vesting an Issue? By Robert G. Drummond The filing of a chapter 13 petition creates a bankruptcy estate consisting of the legal and equitable interests of the debtor. 1 Property of the chapter 13 estate also includes

Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.