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    Sub V Task Force Report In A Nutshell: Part 2—Future Rents & Eligibility Calculation
    2024-05-09

    On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report.

    This article is the second in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is:

    • whether future rents should be included in the debt cap calculation for Subchapter V eligibility.[Fn. 1]

    Recommendation

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, American Bankruptcy Institute
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Hazards Of Carelessness In Bankruptcy Fee Agreements (In re Aquilino)
    2024-05-14

    There is a lesson for all debtor attorneys in the Chapter 7 case of In re Aquilino.[Fn. 1]

    The moral of the In re Aquilino story is this:

    • a little carelessness in describing and disclosing bankruptcy fees in a Chapter 7 case can create big problems.

    Fee Agreements & Disclosures

    Here is the winding path of fee agreement descriptions and disclosures, between the Debtors and their attorneys, in the In re Aquilino Chapter 7 case:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Sub V Task Force Report In A Nutshell: Part 3—Compensating Debtor’s Attorney After Debtor Removed From Possession
    2024-05-16

    On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report.

    This article is the third in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject in this article is:

    • whether debtor’s attorney can be compensated for services performed after removal of debtor from possession. [Fn. 1]

    Task Force Proposal

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, American Bankruptcy Institute
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    “Projected Disposable Income” Means What It Says (In re Packet Construction)
    2024-05-21

    The opinion is In re Packet Construction, LLC, Case No. 23-10860 in the Western Texas Bankruptcy Court (issued April 30, 2024, Doc. 103).

    Subchapter V Issue & Ruling

    Here’s the issue raised by the Subchapter V Trustee’s plan objection and the Bankruptcy Court’s ruling thereon.

    –Issue

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Sub V Task Force Report In A Nutshell: Part 4—Plan Confirmation & The Silent Class
    2024-05-23

    On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report.

    This article is the fourth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Does Refusing To Correct An Inaccurate Credit Report Violate The Discharge Injunction? (Bruce v. Citigroup)
    2024-04-18

    The opinion is Bruce v. Citigroup Inc., Case No. 22-1000, decided August 2, 2023, by the U.S. Second Circuit Court of Appeals.

    The opinion addresses this question:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Injunction, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    A Dilemma In Mass Tort Bankruptcies: Maximizing Value v. Wreaking Vengeance (In re Bestwall)
    2024-04-23

    Bankruptcies with large tort claims are common:

    • some involve a limited number of claimants (e.g., a drunk driver hits a bus or a restaurant serves bad food one evening); and
    • others have large numbers of claimants, some of whom won’t even be known for at least another decade (e.g., asbestos cases).

    Often in tort bankruptcies, the total amount of claims overwhelms the debtor’s ability to pay: i.e., existing assets, insurance coverages and projected future income streams are, simply, insufficient.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Can Debtor’s Subchapter V Counsel Be Paid For Services Performed After Removal of Debtor From Possession? (In re Sunergy, In re Pro-Snax, Etc.)
    2024-04-25

    Debtor’s Chapter 11 counsel cannot be compensated for services performed after a trustee is appointed and the debtor removed from possession.

    • That’s the rule of law in the Fifth Circuit and in a not-for-publication decision of the Ninth Circuit’s Bankruptcy Appellate Panel, based on a U.S. Supreme Court ruling.

    So . . . the question is, what about Subchapter V? Does that same no-compensation rule apply in Subchapter V when the debtor is removed from possession?

    Ninth Circuit BAP Opinion

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Sub V Task Force Report In A Nutshell: Part 1—Background
    2024-05-02

    On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report.

    This article is the first in a series that summarizes and condenses the Task Force’s Final Report into “a nutshell.” This article:

    • provides background information and data on Subchapter V.[Fn. 1]

    Overall

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, American Bankruptcy Institute
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Unconstitutionality of Bankruptcy Administrator Fees; A Remedies Debacle; & No Accountability For Those Responsible (U.S. Trustee v. John Q. Hammons)
    2023-10-03

    This isn’t going to end well.

    Looks like our bankruptcy system in these United States is about to take a big hit—to the tune of hundreds of millions of dollars (projected to be around $350 million). And those responsible for creating the debacle are going to skate.

    Here’s how.

    U.S. Trustee v. John Q. Hammons

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC

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