Rochelle's Daily Wire

ABI Exclusive

June 5, 2023

A judge sitting in a proper venue may transfer venue to a district that was improper originally.

June 2, 2023

Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.

May 16, 2023

A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.

May 15, 2023

Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.

May 12, 2023

Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.

May 5, 2023

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

May 1, 2023

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

April 26, 2023

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

April 25, 2023

Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.

April 19, 2023

The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.