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Rochelle's Daily Wire

May 22, 2019

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

May 21, 2019

For now, the high court ducks an important automatic stay question for chapter 13 debtors.
For now, the high court ducks an important automatic stay question for chapter 13 debtors.

May 13, 2019

Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.

May 10, 2019

Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.

May 3, 2019

Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.
Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.

April 29, 2019

The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).