Rochelle's Daily Wire

ABI Exclusive

June 8, 2023

Although not held in an IRA, a refund by the IRS of a withdrawal penalty was exempt because state law permits tracing proceeds of exemptions, Judge Opperman says.

June 7, 2023

A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’

June 6, 2023

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

June 5, 2023

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

June 1, 2023

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

May 30, 2023

The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.

May 25, 2023

Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.

May 19, 2023

Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.

May 18, 2023

Within the next year, four circuits will have ruled on a split where some lower courts pay chapter 13 trustees and others don’t when dismissal precedes confirmation.

May 10, 2023

An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.