» Reorganization

Changes to Chapter 11.

Since the passage of the Bankruptcy Code in 1979, it has been increasingly difficult for companies (and people) to successfully navigate through Chapter 11. The confirmation process, the costs involved and various regulatory requirements have made it… Read More
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Categories: Reorganization

Chapter 11 Debtor Leases Equipment During Chapter 11, Doesn't Use it -- What is Owed to Lessor?

Recent decisions by the Bankruptcy Court for the Northern District of Indiana, In re Curry Printers, Inc., 135 B.R. 564 (Bankr. ND IN 1991) and the United States District Court for the Western District of Louisiana, Kimzey v. Premium Casing Equipment… Read More
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Categories: 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 the previous 6… 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 protection” versus purposes… Read More
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Categories: Reorganization

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