The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11
The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation
Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5)
Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5) By Maxwell Milavetz and Sarah Laybourne Cross-collateralized loans are attractive to creditors who can leverage equity in one piece of collateral toward security interests
Unexpected Income Required Modification of a Chapter 13 Plan
Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.
Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.