By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...
From the Editor – Eligibility
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By The Honorable William Houston Brown (Retired)
Debt limits are not jurisdictional and are subject to waiver. In a case filed in 2010, then dismissed for failure to file a plan but reinstated, the bankruptcy court heard evidence in 2012 on a creditor’s motion to dismiss for lack of eligibility. By the time the creditor filed its motion to dismiss, asserting that the debtors exceeded the unsecured limit, the debtors had maintained plan payments for two years, and the creditor had not moved to dismiss when it filed its plan objection. Finding that a majority . . .
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