Rochelle's Daily Wire

ABI Exclusive

August 31, 2020

Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’

August 28, 2020

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.

August 7, 2020

Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.

July 30, 2020

On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.

April 9, 2020

Delaware district judge permits remand when the suit was subject to mandatory abstention.

March 27, 2020

Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.

February 20, 2020

Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.

February 17, 2020

The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.

February 10, 2020

Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.

January 29, 2020

The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.