Rochelle's Daily Wire

ABI Exclusive

May 2, 2022

The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.

April 12, 2022

To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.

March 30, 2022

The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.

March 9, 2022

Family lawyers should be acutely aware that bankruptcy protections for former spouses don’t cover unmarried couples.

February 14, 2022

So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.

February 10, 2022

Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’

February 7, 2022

Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.

December 29, 2021

The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.

December 27, 2021

Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.

December 11, 2021

Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.

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