Rochelle's Daily Wire

ABI Exclusive

March 15, 2024

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

March 14, 2024

Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.

March 13, 2024

With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.

March 12, 2024

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.

March 11, 2024

Bucking the weight of authority, a district judge allowed an equity committee to appeal dismissal of a chapter 11 case, where the committee wanted a chapter 11 trustee rather than dismissal.

March 8, 2024

The debtor’s payment on a personal guarantee was no fraudulent transfer because the debtor had received reasonably equivalent value in the forms of salary and ownership in a business that ended up being worth nothing.

March 7, 2024

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.

March 6, 2024

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

March 5, 2024

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?

March 4, 2024

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.