Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Section 1325(b)(1) Held Applicable to Post-Confirmation Amendments to Chapter 13 Plans
Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
Court:
Benchnotes March 2024
Journal Issue:
Denial of Modification of a Chapter 11 Plan Is Final and Appealable
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
Court:
Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.