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

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

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

Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’s total fixed, liquidated

Must Debtors Contribute Exempt Assets to Pay Creditors? By Lisa Boardman Burnette Is a chapter 13 debtor required to use exempt personal-injury settlement proceeds to pay creditors in a plan that provides less than 100 percent payment to unsecured creditors? Courts

Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13 By Christopher Conte Let’s picture this hypothetical: An individual debtor files a typical chapter 13 case. The debtor is above median in income and shows disposable income on Schedules I and J of $500