Rochelle's Daily Wire

ABI Exclusive

May 13, 2022

Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.

May 5, 2022

Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.

April 28, 2022

Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.

April 20, 2022

At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.

April 18, 2022

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

March 21, 2022

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.

March 14, 2022

At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.

February 18, 2022

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

February 17, 2022

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

February 14, 2022

So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.

Pages