Rochelle's Daily Wire

ABI Exclusive

April 10, 2018

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).

April 2, 2018

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.

March 27, 2018

Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

March 8, 2018

Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.
Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.

February 8, 2018

A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.

January 23, 2018

California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.