Rochelle's Daily Wire

ABI Exclusive

March 4, 2021

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

March 3, 2021

An appeal from a critical vendor order was dismissed as equitably moot.

February 24, 2021

Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.

February 18, 2021

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.

February 10, 2021

The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.

February 8, 2021

Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.

February 3, 2021

Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.

February 2, 2021

Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?

January 26, 2021

A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.

January 19, 2021

When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.

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