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Rochelle's Daily Wire | ABI Exclusive

August 8, 2019

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

August 7, 2019

A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.

July 16, 2019

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

June 10, 2019

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

May 29, 2019

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

May 22, 2019

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

May 16, 2019

BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.

April 8, 2019

Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.

April 4, 2019

Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.

April 2, 2019

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.

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