Rochelle's Daily Wire

ABI Exclusive

March 2, 2023

Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.

February 15, 2023

When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.

February 10, 2023

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

February 1, 2023

Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing

November 16, 2022

The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).

October 31, 2022

The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.

October 14, 2022

Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.

October 3, 2022

Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.

August 1, 2022

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

July 22, 2022

When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.