Rochelle's Daily Wire

ABI Exclusive

February 29, 2024

Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.

February 28, 2024

In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.

February 27, 2024

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.

February 26, 2024

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

February 23, 2024

Extending statutes of limitations does not affect ‘substantive’ rights, thus the Rules Enabling Act does not preclude a rule from allowing an extension, Judge Julie Manning says.

February 22, 2024

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

February 21, 2024

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

February 20, 2024

Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?

February 16, 2024

A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.

February 15, 2024

Prof. Westbrook believes there is no common law alternative to chapter 15.