11 U.S.C. § 1115
Property of the estate
Section effective 180 days after
Notes of Decisions
Cited in 87
cases (12 in the last 5 years), 2007–2026 · leading case: In Re Arnold
In Re Arnold (2012)
“11 U.S.C. § 1115 (a). How the court interprets amended § 1129(b)(2)(B)(ii) and new § 1115(a) will ultimately affect the balance of power between the parties in this Chapter 11 bankruptcy case of individual debtors.”
David Zachary v. California Bank & Trust (2016)
“…under chapter 7, 12, or 13, whichever occurs first. 11 U.S.C. § 1115 (a) (emphasis added). Finally, BAPCPA amended the absolutely priority rule itself, adding the underscored language to § 1129(b) (2) (B) (ii): [T]he condition that a plan be fair and”
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In Re Woerner) (2015)
“…estate and must repay creditors according to the terms of a reorganization plan. 11 U.S.C. §§ 1115 (b), 1123, 1142. The proponent of a reorganization plan—usually, but not necessarily, the debtor-in-possession—must provide a court-approved disclosure statement that contains…”
In re Johnson (2016)
“11 U.S.C. § 1115 (a)(2). *143 Moreover, as previously noted, the primary purpose of an individual Chapter 11 case is to provide the debtor with a breathing spell so that he can reorganize his debts and provide a recovery to his creditors out of his future earnings rather than a…”
In Re: Ganess Maharaj (2012)
“…remain in possession of all property of the estate. 11 U.S.C. § 1115 . C. A significant split of authorities has developed nationally among the bankruptcy courts regarding the effect of the BAPC-PA amendments on the absolute priority rule when the Chapter”
Marco Cantu v. Michael Schmidt (2015)
“” 11 U.S.C. § 1115 (a)(1). Causes of action that belong to the debtor “at the time the case is commenced” or that are acquired after commencement but before conversion are therefore property belonging to the estate.”
In Re Gbadebo (2010)
“…remain in possession of all property of the estate. 11 U.S.C. § 1115 (emphasis added). Three bankruptcy courts have issued decisions concluding that §§ 1129(b)(2)(B)(ii) and 1115 should be read to have eliminated the “absolute priority” rule for individual <span…”
Frederick Weinberg v. Scott E Kaplan LLC (2017)
“See 11 U.S.C. § 1115 (a) (“In a case in which the debtor is an individual, property of the estate includes .”
In re Irwin (2016)
“See 11 U.S.C. § 1115 (b). Further, the Code contemplates that chapter 11 debtors will use property of the estate in the pre-confirmation process.”
In re Martin (2013)
“…U.S.C. § 541 (a)(6). . 11 U.S.C. § 1115 (a)(2). . 11 U.S.C. §§ 1306 (b), 1327(b). . 11 U.S.C. § 1129<”
In re Grasso (2018)
“%20%C2%A7%201115"> 11 U.S.C. § 1115 (a)(1) (property of the estate for an individual Chapter *158 11 debtor includes "all property of the kind specified in section 541 that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or…”
Proudfoot Consulting Co. v. Gordon (In Re Gordon) (2012)
“See 11 U.S.C. § 1115 . In In re Watkins, the court refused to convert to Chapter 11 because the only purpose of the conversion was liquidating a single asset, and the court held the administrative expenses would exceed the benefit of a Chapter 11 case.”
— 11 U.S.C. § 1115(a)(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.