Rochelle's Daily Wire

ABI Exclusive

April 7, 2021

The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.

April 6, 2021

If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.

March 23, 2021

A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).

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.