Rochelle's Daily Wire

ABI Exclusive

February 7, 2023

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

January 26, 2023

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

January 19, 2023

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

January 11, 2023

The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.

January 9, 2023

All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.

December 20, 2022

Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.

December 2, 2022

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.

November 22, 2022

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

November 15, 2022

Should the cost of employer-provided health care insurance be considered income for lower-income Americans?

November 14, 2022

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.