Chapters 11 and 13 of the Bankruptcy Code--Observations on Using Case Authority from One of the Chapters in Proceedings Under the Other
Coauthored with Christopher Fuller
This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both chapters. Part IV discusses the discount factor applied in determining present value of deferred cash payments in a Chapter 11 or Chapter 13 plan. Part V analyzes the grounds for relief from an automatic stay. Part VI addresses the classification, under either chapter, of "substantially similar" claims.