» Reorganization

The Saga Continues – What Happens When a Secured Creditor Fails to File a Proof of Claim in a Reorganization?

Recently, Judge Mary Ann Whipple, sitting in the United States Bankruptcy Court for the Northern District of Ohio, issued an opinion regarding the failure of a secured creditor to timely file a Proof of Claim in a Chapter 13. Judge Whipple, in In re… Read More
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Categories: Reorganization

Eastern District Bankruptcy Judge Rules Chapter 13 Payment Time Can be Reduced in Light of Attorney Error.

In a recent case for the United States Bankruptcy Court, in the Eastern District of Michigan sitting in Detroit, Judge Mark Randon, addressed the issue of what happens when a Debtor is put into a Chapter 13 Plan that turned out to be longer than that… Read More
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Categories: Reorganization

Chapter 13 Creditors MUST File Claims on Time

       The Bankruptcy Appellate Panel for the 6th Circuit, recently overruled a bankruptcy court’s decision to allow claims filed only 8 days after the claims bar deadline. The case, In re Trench, (6th Cir. BAP 15-8026 May 11, 2016), upheld t… Read More
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Categories: Reorganization

SECTION 506 AND "FLOATING" VALUATIONS

            In a recent case, the First Circuit Court of Appeals ruled that the Bankruptcy Court’s valuation of a real estate project can, indeed, change during a Chapter 11, from a valuation determined for purposes of “adequate protec… Read More
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Categories: Reorganization

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