Rochelle's Daily Wire

ABI Exclusive

October 22, 2021

Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.

October 20, 2021

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.

October 19, 2021

Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.

October 11, 2021

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

October 7, 2021

New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.

October 5, 2021

An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.

September 29, 2021

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

September 28, 2021

Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.

September 16, 2021

Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.

September 10, 2021

Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.