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Eleventh Circuit Holds That a Creditor’s Due Process Claim Can Be Inadvertently Waived By Inaction
  • Burr & Forman LLP
  • USA
  • January 26 2018

On December 11, 2017, in a case entitled In re Iliceto, the Eleventh Circuit Court of Appeals affirmed the district court’s decision, which held

The Debtor, not the Trustee, is Entitled to Funds Being Held by a Trustee Following Dismissal of a Chapter 13 Bankruptcy Case
  • Foster Swift Collins & Smith PC
  • USA
  • January 23 2018

Filing for Chapter 13 bankruptcy as a consumer is a voluntary decision. Once a Chapter 13 case has been filed, it is also up to the debtors to dismiss

Rule Change for Bankruptcy Proofs of Claim
  • Gardere
  • USA
  • December 19 2017

Certain amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) will become effective in all cases commencing after December

Creditors Have Less Time to File Claims under Amendment to Rule 3002
  • Nelson Mullins Riley & Scarborough LLP
  • USA
  • November 28 2017

Creditors should take note that the deadline for filing a proof of claim has changed in bankruptcy cases filed under chapter 7, chapter 12 or chapter

Can a Condo Association Recover Past-Due Amounts After Owner Files Bankruptcy?
  • Stark & Stark
  • USA
  • November 20 2017

When a condo owner in arrears on assessments declares bankruptcy, a condo association often expresses concern about the effect of the bankruptcy on

First-Ever National Chapter 13 Plan and Amendments to Bankruptcy Rules
  • Harris Beach PLLC
  • USA
  • November 16 2017

Substantial changes to the Federal Rules of Bankruptcy Procedure ("FRBP"), which become effective as of December 1, 2017, could greatly affect the

Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017
  • Cooley LLP
  • USA
  • November 14 2017

Just about every year amendments are made to the rules that govern how bankruptcy cases are managed the Federal Rules of Bankruptcy Procedure. The

The Bankruptcy Rule Changes are Almost Here - and You Should Care
  • Squire Patton Boggs
  • USA
  • November 14 2017

You have been reading for months that the U.S. Supreme Court approved amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”

2nd Circuit: Secured Lenders Entitled to Market-Rate Interest in Cram-Down Plan
  • McGuireWoods LLP
  • USA
  • November 10 2017

In October 2017, the 2nd U.S. Circuit Court of Appeals, in In re MPM Silicones (Momentive) LLC, held that a non-consenting class of creditors is

Second Circuit Issues Key Cramdown Interest Rate Ruling
  • Jones Day
  • USA
  • October 27 2017

In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S