Rochelle's Daily Wire

ABI Exclusive

December 14, 2020

Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.

November 3, 2020

Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.

October 23, 2020

The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).

September 25, 2020

Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.

September 21, 2020

The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.

September 17, 2020

Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.

September 1, 2020

Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.

August 24, 2020

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

August 21, 2020

Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’

August 6, 2020

Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27.