Rochelle's Daily Wire

ABI Exclusive

May 17, 2022

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.

May 12, 2022

The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).

March 23, 2022

The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.

March 15, 2022

A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.

March 7, 2022

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.

February 24, 2022

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.

February 22, 2022

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.

November 24, 2021

The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.

October 20, 2021

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.

September 24, 2021

Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.

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