Rochelle's Daily Wire

ABI Exclusive

August 29, 2023

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.

August 28, 2023

With four circuits in agreement, the Supreme Court isn’t likely to grant cert to rule on whether chapter 11 debtors are entitled to refunds for overpayment of U.S. Trustees fees that were held unconstitutional in Siegel.

August 25, 2023

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

August 24, 2023

The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.

August 23, 2023

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

August 22, 2023

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.

August 21, 2023

As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.

August 18, 2023

Neither a contract nor state law requiring exhaustion of administrative remedies can divest the bankruptcy court of ‘core’ jurisdiction, even after plan confirmation.

August 17, 2023

Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.

August 16, 2023

Seeking attorneys’ fees from the debtor did not by itself make a postpetition lawsuit subject to the automatic stay.