By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In Ritzen Group, Inc. v. Jackson Masonry, LLC (In re Jackson Masonry, LLC),1 the Sixth Circuit reviewed circuit authority on finality of orders for appellate purposes and affirmed the district court's dismissal of an appeal from an order denying stay relief. The Court of Appeals said that, under 28...
From the Editor – Modification of Plan
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By The Honorable William Houston Brown (Retired)
Noticing requirements apply to pre-confirmation modification. Rule 2002(a)(5) and 2002(b)(2) noticing requirements apply to pre-confirmation modifications of a plan, and the notice is required to all creditors. The debtors argued that the clerk’s notice of the 341 meeting gave sufficient notice of the deadline to object to confirmation of the original plan, and those creditors failing to timely object were not required to receive notice of subsequent pre-confirmation modification, but the court held that any modification resets the time for objections . . .
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