Chapter 11 plan confirmation requirements permit a dissenting class to demand full value before any junior class is paid. Here, the plan is not confirmable because it gives equity security holders a valuable right unavailable to other classes
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The structure of section 363(c)(3) allows for a preliminary hearing on the use of cash collateral to determine whether, at a final hearing on adequate protection as requested by a secured creditor, the debtor could reasonably be expected to prevail
A bank-card creditor sought to except credit card debts from discharge, alleging that the debtor defrauded it by using the charge accounts. However, the creditor was unable to prove the debtor acted with "guilty intent" when she incurred the charges
Itemized statements generally are sufficient to support fee applications, and additional evidence is normally unnecessary. Because a Chapter 11 examiner benefits the estate as a whole, he may be compensated from assets claimed by a secured creditor
A creditor with a security interest in inventory would not be adequately protected if the debtor were to use cash collateral to buy new inventory because the security interest would not attach, leaving creditor without cash or inventory as collateral
To perfect a security interest in a vehicle, a creditor may either note its lien on the title certificate or take possession of the manufacturer's certificate of origin (MCO). Here, the lender did not prove that it had done either as of the petition date.
Reported at 31 B.R. 75. Debtor's bankruptcy case was filed after the effective date of the amendments to section 523(a)(5), so all of his child support obligations – including those assigned to the state prior to the amendment – were non-dischargeable
Reported at 31 B.R. 79. Under the law in effect on the petition date (prior to the effective date of the Omnibus Reconciliation Act of 1981), a debt for child support assigned by the recipient to a third party is dischargeable to the extent of the assignm
Reported at 31 B.R. 77. Under the plain language of section 523(a)(5)(A), a debt for child support arising in connection with a paternity decree rather than a separation agreement, divorce decree, or property settlement agreement is dischargeable
A "claim" is the actual debt, not the physical document filed with the court as proof of the claim. When a debtor uses Chapter 13 to attempt to preserve a small business, he becomes bound to pay the secured creditor the going-concern value of that busines