We’ve had a slow start in 2018 and figured that we’d get back to basics with First National Bank of Oneida v. Brandt, an Eleventh Circuit Court of Appeals Chapter 11 confirmation decision from last month. Ultimately, the Court remanded to the district court on one issue: what’s the impact on a confirmed individual
Individual Debtors
Supreme Court Hears Argument in Appling Case on § 523(a)(2) Dischargeability Issues
The U.S. Supreme Court heard oral argument yesterday in Lamar, Archer & Cofrin, LLP v. Appling, a case from the 11th Circuit regarding the bankruptcy dischargeability exceptions in 11 U.S.C. § 523(a)(2). Locally, Appling is important because it originated across the street–literally–in Chief Bankruptcy Judge James P. Smith’s courtroom here in the Middle…
Happy New Year: The Best of 2017
Once again from my in-laws’ home in Potomac, Maryland, here’s Plan Proponent’s Best of 2017 post, a link by link Top 10 of our third year of blogging–although my wife just asked, in rather savage fashion, “Did you even have 10 posts this year?” Wow. (We had 11 posts, so one unlucky post about…
Revisiting David Cassidy and the Absolute Priority Rule
Two years ago this week–February 12, 2015 to be exact–Stone & Baxter launched Plan Proponent. 65 blog posts, 48 email subscribers, and almost 13,000 hits later, here we are. In honor of our 2 year anniversary, we figured we’d revisit one of the topics that started it all for our niche blog: the…
Ninth Circuit Follows the Lead on Absolute Priority Rule
(If as many people who showed up to the 9th Circuit for Prop 8 showed up for the absolute priority rule, then the absolute priority rule might finally get the attention that it deserves from the U.S. Supreme Court!)
Yesterday, in Zachary v. California Bank & Trust, the Ninth Circuit overturned the Ninth Circuit…