Rochelle's Daily Wire

ABI Exclusive

November 24, 2021

The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.

November 15, 2021

The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.

November 8, 2021

A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.

September 13, 2021

Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.

August 18, 2021

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.

August 16, 2021

Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.

August 13, 2021

Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.

April 13, 2021

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

February 5, 2021

The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.

January 19, 2021

When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.

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