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, 471 B.R. 578 (Bankr. C.D. Cal. 2012).
In Re Arnold, 471 B.R. 578 (Bankr. C.D. Cal. 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, 811 F.3d 1191 (9th Cir. 2016). “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 equitable with respect to a class [of creditors] includes the following…”
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In Re Woerner), 783 F.3d 266 (5th Cir. 2015). “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 “adequate information” about the assets, liabilities, and financial affairs of the…”
In re Johnson, 546 B.R. 83 (Bankr. S.D. Ohio 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, 681 F.3d 558 (4th Cir. 2012). “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 11 debtor is an individual.”
Marco Cantu v. Michael Schmidt, 784 F.3d 253 (5th Cir. 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, 431 B.R. 222 (Bankr. N.D. Cal. 2010). “specified in section 5^1 that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13, whichever occurs first; and (2) earnings from services performed by the debtor after the commencement…”
Frederick Weinberg v. Scott E Kaplan LLC, 699 F. App'x 118 (3rd Cir. 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, 558 B.R. 743 (Bankr. E.D. Pa. 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, 497 B.R. 349 (Bankr. M.D. Fla. 2013). “11 U.S.C. § 1115 (a)(2). . 11 U.S.C. §§ 1306 (b), 1327(b).”
In re Grasso, 586 B.R. 110 (Bankr. E.D. Pa. 2018). “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 converted to a case under…”
Proudfoot Consulting Co. v. Gordon (In Re Gordon), 465 B.R. 683 (Bankr. N.D. Ga. 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
Marco Cantu v. Michael Schmidt (5th Cir. 2015).
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