Rochelle's Daily Wire

ABI Exclusive

August 5, 2020

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).

July 17, 2020

Did the Supreme Court’s Acevedo opinion preclude annulling the stay? The Ninth Circuit BAP says ‘no.’

July 8, 2020

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.

July 1, 2020

For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.

June 25, 2020

The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.

June 17, 2020

Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.

June 16, 2020

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

June 4, 2020

A claim must be disallowed based on the invalidity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit ruled in upholding the BAP.

May 15, 2020

Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).

May 4, 2020

Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.