Rochelle's Daily Wire

ABI Exclusive

August 25, 2023

Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.

August 9, 2023

The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.

June 6, 2023

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

June 1, 2023

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

April 22, 2023

In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.

January 26, 2023

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

December 14, 2022

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.

November 22, 2022

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

September 21, 2022

When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.

July 27, 2022

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.