The BAP affirmed the bankruptcy court (D. Neb.) in full in that cause existed to modify the automatic stay, because the Debtor was in default under the plan.
The BAP agreed with the bankruptcy...
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
The BAP affirmed the bankruptcy court in full. The BAP discussed that bankruptcy court did not error in determining the present value available for distribution or the amount available under a...
The BAP affirmed the bankruptcy court’s denial of confirmation and decision to disallow vehicle operation expense over the value provided by the Local Standards set forth by the Internal Revenue...
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
