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Absolute Priority Rule

Recent Bankruptcy Decision Of Interest

Staff September 18, 2013January 11, 2016 Bankruptcy, Creditors Rights

New Jersey Court Rules That Collection Letter With “Please Call”  Violated FDCPA:  Collection letter contained the statement “If we can answer any questions, or if you feel you do not owe this amount, please call us toll free . .…

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Plan Violated Absolute Priority Rule by Giving Debtor’s Equity Holder Exclusive Opportunity

mhalderman April 23, 2013January 11, 2016 Bankruptcy, Creditors Rights

In a case in the Eastern District of Michigan a debtor proposed a Chapter 11 plan that purported to give the debtor’s equity holder a 100% interest in the reorganized debtor in exchange for waiving his prepetition claim for $1.35…

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Absolute Priority Rule (Reprint)

mhalderman January 2, 2012January 13, 2016 Bankruptcy, Business Law, Business Reorganizations, General Interest

On May 3, 1999 the United States Supreme Court issued its decision in Bank of America National Trust and Savings Association v. 203 North Lasalle Street Partnership. While expressly reserving judgment on whether the New Value Exception still exists, the…

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Recent Developments

  • Effective Presentations
  • Now is the time to Panic Plan
  • US District Court Has Authority to Issue Post-Judgment PJR as Ancillary Order Directed at Party Over Whom Court Has In Personam Jurisdiction
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  • Failure to Comply with Practice Book § 67-4 Results in Dismissal of Pro Se Appeal.
  • Due Process Does Not Require Full Evidentiary Hearing Before Conversion to Chapter 7

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