Rochelle's Daily Wire

ABI Exclusive

February 6, 2024

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

January 30, 2024

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

January 25, 2024

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

January 5, 2024

The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.

January 4, 2024

Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.

December 11, 2023

Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.

December 5, 2023

At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.

November 29, 2023

The 2005 amendment to Section 303(b)(1) disqualifies an involuntary petitioner if there is a dispute as to even part of the creditor’s claim.

November 13, 2023

The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.

November 9, 2023

The Madoff case makes more law: A claim against a bankrupt estate can’t be set off against liability for receipt of a fraudulent transfer because one arose before bankruptcy and the other arose after.