Rochelle's Daily Wire

ABI Exclusive

April 18, 2023

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

March 22, 2023

Ruling the other way would have barred chapter 13 filings after renewing title loans.

February 22, 2023

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

February 17, 2023

A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.

February 7, 2023

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

January 19, 2023

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

January 11, 2023

The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.

January 4, 2023

District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.

December 27, 2022

An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.

December 2, 2022

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.