Early Edition with Bill Rochelle
Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
Court:
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: