In the Matter of Philip Lively, No. 12-20277 (5th Cir. 2013)
Annotate this CaseDebtor's Chapter 13 case was converted to Chapter 11 after a creditor filed a claim that caused his scheduled debts to exceed the debt ceiling for Chapter 13 cases. The denial of confirmation of debtor's organization plan was certified for appeal from the bankruptcy court pursuant to 28 U.S.C. 158(d)(2)(A)(i) and (ii). At issue on appeal was whether Chapter 11's absolute priority rule, 11 U.S.C. 1129(b)(2)(B), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Pub. L. No. 109-8, 119 Stat. 23, applied in such individual debtor cases. Using standard tools of statutory interpretation, and in accord with two other circuits, the court held that it did and affirmed the bankruptcy court's order denying confirmation.
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