Rochelle's Daily Wire

ABI Exclusive

May 10, 2024

The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’

April 23, 2024

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.

April 20, 2024

Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.

April 4, 2024

The bankruptcy court’s inference of intent to hinder the trustee wasn’t supported by the evidence, the district judge says in reversing a denial discharge.

April 2, 2024

State laws differ on whether defensive appellate rights are estate property that may be sold.

March 29, 2024

The Ninth Circuit explains why the debt owing to a creditor without notice is discharged in a ‘no asset’ case but not in an ‘asset’ case.

March 15, 2024

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

March 6, 2024

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

February 13, 2024

Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.

February 6, 2024

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.