Rochelle's Daily Wire

ABI Exclusive

May 16, 2024

Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.

April 23, 2024

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.

December 13, 2023

The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.

September 14, 2023

Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.

August 30, 2023

The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.

March 3, 2023

Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.

March 1, 2023

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

August 8, 2022

The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.

July 21, 2022

Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.

May 24, 2022

Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived