Rochelle's Daily Wire

ABI Exclusive

December 28, 2022

Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.

November 9, 2022

A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.

November 3, 2022

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.

September 29, 2021

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

September 8, 2021

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

April 1, 2021

Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”

March 4, 2021

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

February 23, 2021

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

January 5, 2021

The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.

May 27, 2020

A PPP ‘loan’ under the Cares Act isn’t a ‘grant,’ thus the government isn’t barred from discriminating against a bankrupt under Section 525(a).