Rochelle's Daily Wire

ABI Exclusive

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.

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.

October 4, 2021

The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.

July 12, 2021

Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.

May 4, 2021

Courts disagree on whether a repudiated contract remains executory.

April 9, 2021

Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.

February 18, 2021

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.

February 10, 2021

The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.

January 7, 2021

Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.