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Benchnotes December 2024

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Delaware Bankruptcy Court Authorizes “Opt-Out” Nondebtor Third-Party Releases Hon. Craig Goldblatt of the U.S. Bankruptcy Court for the District of Delaware recently considered the standards for

9th Circuit Oct 1, 2024

Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.
9th Circuit Aug 12, 2024

Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
Consumer Bankruptcy Jun 14, 2024

How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion?

How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion? By Hon. Charles Novack 1 The “essence of modern bankruptcy law” is “relief and [a] fresh start for the debtor.” 2 Chapter 13 of the Bankruptcy Code offers an effective path to such

Benchnotes May 2024

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Preference Claims Under § 547 Are Estate Property and May Be Sold Joining the Eighth and Ninth Circuits, 1 the U.S. Court of Appeals for the Fifth Circuit held that claims for the avoidance of

10th Circuit Mar 11, 2024

A ‘13’ Debtor Can’t Dismiss After Conversion to ‘7,’ Tenth Circuit BAP Says

A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).