As you know from prior posts, if I do anything well, then it’s public self-deprecation. And, thus, I’m embarrassed to admit that I wrongly attributed the In re Carter (Bankr. N.D. Ga. Dec. 13, 2023) Sub V opinion to Judge Sage Sigler (Bankr. N.D. Ga.) instead of Judge Jeffery Cavender (Bankr. N.D. Ga.). How did I learn that? Imagine the worst way, and that’s it! I wish I could blame it on some AI “hallucination,” as they call it, but it’s 100% on me. My apologies to anyone who may have unwittingly shared the errant attribution. Here’s the updated version: Notable Subchapter V Bankruptcy ..read more

Continuing with the monthly series, here are short summaries of December 2023’s Subchapter V bankruptcy opinions from across the country. As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper. However, there’s a “fun” catch this month. Recently, Stone & Baxter upgraded from Lexis+ to Lexis+ AI. Given that I’m inundated almost daily with emails about artificial intelligence and law practice, I couldn’t help but feel behind the times. Thus, I’m excited to have something to experiment with. And that’s exactly what ..read more

With no introduction or fanfare, here, in a single post, are short summaries of October 2023’s and November 2023’s notable Subchapter V opinions from across the country. As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper. Happy New Year! October 2023 Subchapter V Opinions 1. In re Franco’s Paving, LLC (Bankr. S.D. Tex. Oct. 5, 2023) In Franco’s, Judge Jones held that when no votes are cast in a particular plan class, that class doesn’t count for § 1129(a)(8) purposes, such that the plan can still be a consensual ..read more

(Artwork by William Hennessy) On Monday, the U.S. Supreme Court heard oral argument in the Purdue Pharma bankruptcy appeal and, as a result, we might be approaching a mid-2024 “finish line” for an issue that some bankruptcy practitioners, professors, and judges are on the edge of their seats about: Do bankruptcy courts have authority under the Bankruptcy Code to approve non-consensual third-party releases, such as the release that the Sacklers are proposing to pay $6 billion for? Of course, it’s not just a bankruptcy issue. Indeed, there is an inconceivable number of claims pending against Pu ..read more

Eight years ago, in Plan Proponent’s inaugural year, I did my first and, until today, only pure Thanksgiving post (including now 13 year old Kate B’s above turkey art). For 2021 Thanksgiving, I posted Part 3 of the Judge Drake Tribute Series, but that doesn’t count. A pure post is difficult. While “Thanksgiving” is often referenced in bankruptcy opinions, I had to dig deep in 2015 for something relevant and interesting. That post included filing statistics from 2005 to 2015; cases addressing cutting edge issues about whether “Black Friday” is a holiday for Rule 9006 purposes; and a reference ..read more

There were no Sub V opinions in August that I could find, so I’ll pick-up with the September opinions. And by now, you know the drill: I’ll provide, in a single post, short summaries of each month’s notable Subchapter V opinions from across the country (which basically means all Sub V opinions from that month). Rather than providing all-encompassing summaries, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper. Sorry that I got behind, but here are the September Subchapter V opinions: 1. In re Saturno Design, LLC (Dist. Or. Sep. 13, 2023) Sa ..read more

Plan Proponent has been on an unplanned, one month hiatus due to competing client demands. But today I get a break, as I’m hanging out in Chicago this weekend with my best friend who retired at 46 and travels around the country, nomad style. This month, he and his wife are in residence 47 floors up in the heart of Chicago. Saturday, we’ll watch Georgia/Florida from four states away. To tide us over this afternoon, these still-disappointed Braves fans toured Wrigley Field. It was awesome. Thus, to kick-start the blog, I figured I’d revisit my very favorite posts—the “Baseball in October” posts ..read more

This morning, I presented, along with Judge Paul Bonapfel (Bankr. N.D. Ga.) and Rob Matson (a Sub V Trustee in the M.D. Ga.), the Subchapter V Update for the Middle District of Georgia Bankruptcy Law Institute. So, call me lazy, but it’s only fitting that we revisit Subchapter V issues based on this morning’s presentation. Click here for the prior Sub V quiz. Click the image below to take the quiz. Have a nice weekend! P.S. I’m happy to report that the average score on the September 9 “easy” quiz was 75% (the highest average to date). Click here for prior quizzes. If you enjoyed this post and ..read more

We’re on our firm retreat at Lake Oconee this weekend. Thus, I figured an “easy” quiz is appropriate for what I hope is an easy weekend for everyone. To guarantee it’s easy, I poured over the last 10 quizzes and selected prior questions that 75% or more of takers got right. Click the image below to take the quiz. Have a nice weekend and Go Dawgs! Click here for prior quizzes. If you enjoyed this post and would like to be the first to hear about new Bankruptcy Quizzes and other Chapter 11 updates, then you can subscribe to Plan Proponent via email here ..read more

In this post, I’ll continue in my effort to provide, in a single post, short summaries of each month’s notable Subchapter V opinions from across the country. Rather than all-encompassing summaries, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper. Here are the July 2023 Subchapter V opinions. Assuming my search was thorough enough, there were only two opinions in July: 1. In re Off-Spec Sols., LLC (9th Cir. B.A.P. Jul. 6, 2023) In Off-Spec, the 9th Circuit BAP affirmed the Idaho Bankruptcy Court’s conclusion that § 523’s nondischargeabilit ..read more