Chapter 12/Farm Cases

By excluding payments by the debtor directly to secured creditors from the calculation of the standing trustee’s fee, the recovery increased for unsecured creditors in chapter 12.

A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.

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

Cultivating Clarity: Resolving the Circuit Split on Ch. 12 Conversions By Christianna Cathcart Section 1208 of the Bankruptcy Code, governing the dismissal and conversion of chapter 12 cases, has been a persistent source of judicial division since its inception in the

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

Assessing In re Topp’s Impact on Interest Rates for Secured Creditors By Michael Miller The U.S. Court of Appeals for the Eighth Circuit decided Farm Credit Servs. of Am. FLCA v. Topp (In re Topp) on Aug. 3, 2023. 1 The central issue was this: Does the U.S. Supreme

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

Ethics and Our Personal Health: Where Worlds Collide By Laura Day DelCotto In this profession, words matter. Our ethics rules remind us repeatedly of our obligations around civility and professionalism, including our need to encourage public support and confidence in

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.