Rochelle's Daily Wire

ABI Exclusive

September 8, 2020

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

September 2, 2020

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

September 1, 2020

Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.

August 31, 2020

Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
Below median debtors are no longer required to turn over tax refunds in excess of $2,000.

August 27, 2020

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.

August 24, 2020

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

August 21, 2020

Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’

August 13, 2020

With deadlines already elapsed, Judge Grossman disagrees with three judges who allowed redesignation under subchapter V of chapter 11.

August 11, 2020

The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.