Rochelle's Daily Wire

ABI Exclusive

August 26, 2021

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

August 25, 2021

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

August 24, 2021

Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.

July 26, 2021

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

July 22, 2021

Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.

June 21, 2021

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.

June 18, 2021

Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.

June 2, 2021

Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.

May 21, 2021

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

May 13, 2021

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.