Rochelle's Daily Wire

ABI Exclusive

January 10, 2020

A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.

January 8, 2020

Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.

January 7, 2020

The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.

January 3, 2020

A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.

January 2, 2020

A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.

December 23, 2019

Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.

December 19, 2019

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.

December 10, 2019

The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.

December 9, 2019

New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.

December 6, 2019

Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.