SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act of 2021 (“CAA”) • NACTT Academy

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act of 2021 (“CAA”)

Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Appendix

11 U.S.C. § 365(d)(3) and (4),
Showing Changes Made by Consolidated Appropriation Act, 2021 ("CAA"), Pub. L.
116-260, 134 Stat. 1182 (eff. Dec. 27, 2020)

(Sunset December 27, 2022. Changes continue to apply in cases commenced
before sunset under subchapter V of Chapter 11.)

11 U.S.C. § 365(d)(3)

Pre-CAA
Post-CAA
(New Text Underlined . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Username or Email

Password

Remember me

Lost your password?

No Author Biography has been linked to this Article.

Related Articles

Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask

October 20, 2019

By Herb Beskin, Chapter 13 Trustee and Edward M. Wayland, Esq. (Charlottesville, VA) Trustees are not privy to the struggles of Debtors as they emerge from Chapter 13 and work to re-establish (establish?) their credit worthiness. A crucial factor in this process is the Debtor’s credit report. In this article, we discuss the Fair Credit Reporting Act (“FCRA”), the rules...

View Article

Members

Legal Aid and Who Are Our Chapter 13 “Customers”

January 31, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

View Article

Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

November 1, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))? Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). This case centered around the debtor’s argument that a creditor violated the Fair Debt Collection Practices Act when it...

View Article

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

April 30, 2023

Introduction One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized . . . It looks like you...

View Article

Members

Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

August 2, 2020

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to...

View Article

Members

Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

March 10, 2024

Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

View Article

Members

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

May 9, 2021

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...

View Article

Members

Critical Case Comment–Sex, Lies and the Barton Doctrine

Henry E. Hildebrand, III

March 27, 2022

The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent. (Clarkson) In re Eagan Avenatti, LLP, 2022 WL 630332 (Bankr. C.D. Cal. March 3, 2022) Case Summary Eagan Avenatti, LLP, was the California law firm of the somewhat...

View Article

Members

Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

Lawrence R. Ahern, III

March 20, 2022

"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...

View Article

Members

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Hale Andrew Antico

January 29, 2023

Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy Powell vs TICO Construction (In re Powell) 644 B.R. 181 (9th Circuit BAP, 2022) ISSUE Did the bankruptcy court err in granting Debtor’s motion to dismiss the Chapter 13? RULING No. FACTS This case tests the new “absolute right to dismiss” rule about...

View Article

Members

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act of 2021 (“CAA”)

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Related Articles

Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask

Legal Aid and Who Are Our Chapter 13 “Customers”

Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

Critical Case Comment – Punitive Damages? Yep.

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

Critical Case Comment–Sex, Lies and the Barton Doctrine

Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: