§ 1129(e): The "Pernicious" Little Provision in Small Business Cases

June 2013
ABI Journal;Jun2013, Vol. 32 Issue 5, p30
The article discusses Section 1129(e) of the Bankruptcy Code as enacted to become part of the Bankruptcy Abuse Preventions and Consumer Protection Act (BAPCPA) of 2005. It explains that a court should confirm a plan not later than 45 days after the plan is filed. Based on the provisions under 1125(b) and Federal Regulations on Bankruptcy P. 3007 and 2002, the traditional confirmation timeline could result to a denial of confirmation due to the 1129(e)'s 45-day confirmation timetable.


Related Articles

  • Constitutional Problems in the 2005 Bankruptcy Amendments. Bufford, Samuel L.; Chemerinsky, Erwin // American Bankruptcy Law Journal;Winter2008, Vol. 82 Issue 1, p1 

    The article offers information on the function of the amendments to the Bankruptcy Code represented in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in the U.S. It is inferred that the amendments' purpose is to ameliorate bankruptcy law and practice by fixing...

  • What Do We Know About Chapter 13 Personal Bankruptcy Filings? Wenli Li // Business Review (Federal Reserve Bank of Philadelphia);2007 Fourth Quarter, p19 

    The article focuses on U.S. personal bankruptcy code, Chapter 13. In 2005 with the reform of the Bankruptcy Abuse Prevention and Consumer Protection Act, debtors were forced to file under Chapter 13 so that they can repay at least part of their debt through their future earnings. Also discussed...

  • Is Section 363 All You Need To Know About Bankruptcy? MORSE, DAVID W.; HELFAT, JONATHAN // Secured Lender;Mar2010, Vol. 66 Issue 2, p40 

    The article deals with the need for lenders in the U.S. to understand the Section 363 of the Bankruptcy Code in Chapter 11. It mentions that the use of Section 363 by lenders as well as finance companies is important to resolve issues involving asset-based borrower. The author states that the...

  • OPPORTUNISTIC INFORMAL BANKRUPTCY: HOW BAPCPA MAY FAIL TO MAKE WEALTHY DEBTORS PAY UP. Alper, Elijah M. // Columbia Law Review;Dec2007, Vol. 107 Issue 8, p1908 

    Bankruptcy is not the most common recourse for individuals deeply in debt; it is merely the most well known. Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in part to close state law exemption loopholes that allowed wealthy individuals, or...

  • WILL THE RIDE-THROUGH RIDE AGAIN? Hogan, Christopher M. // Columbia Law Review;May2008, Vol. 108 Issue 4, p882 

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) fundamentally changed many aspects of the Bankruptcy Code, but its impact on certain parts of the law remains unclear. The "ride- through" is one of these parts. The ride-through provides debtors with a fourth option...

  • Whether the Goods and Invoices Comprising Pending §503(b)(9) Claims May Be Included in a §547(c)(4) Subsequent New Value Defense to a Preference Action. Gaskin III, George D. // Pratt's Journal of Bankruptcy Law;Jul2011, Vol. 7 Issue 5, p470 

    The author of this article discusses three cases addressing the issue of whether goods supplied to a debtor within 20 days of bankruptcy filing qualify as "subsequent new value" in defending a preference action. Despite the guidance from these cases, the question is still very much unresolved.

  • Subprime Foreclosures and the 2005 Bankruptcy Reform. Morgan, Donald P.; Iverson, Benjamin; Botsch, Matthew // Economic Policy Review (19320426);May2012, Vol. 18 Issue 1, p47 

    The article presents arguments and evidence suggesting that bankruptcy abuse reform (BAR) was associated with more subprime foreclosures in the U.S., which took effect in October 2005. It mentions that before BAR, any household could file Chapter 7 bankruptcy and have its credit card and...

  • Eliminating the Judicial Function in Consumer Bankruptcy. Pardo, Rafael I. // American Bankruptcy Law Journal;Fall2007, Vol. 81 Issue 4, p471 

    The article focuses on the means of testing in consumer bankruptcy in the U.S. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was into law to catch people who abuse the bankruptcy law. Under the law, individuals who have the ability to pay will be required to pay...

  • Total Bankrupt Increase 32 Percent In 2009, Approach Pre-BAPCPA Levels.  // Secured Lender;May/Jun2010, Vol. 66 Issue 4, p15 

    The article reports on U.S. bankruptcy filings data from the American Bankruptcy Institute which showed a 32 percent increase for 2009 over 2008 figures. It notes a steady escalation of filings since the 2005 implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)....


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics