Rochelle's Daily Wire

ABI Exclusive

September 27, 2022

The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.

September 22, 2022

The length and the effects of the pandemic were capable of being ‘anticipated’ and therefore provide no reason for modifying a fixed fee under Section 328(a).

September 21, 2022

When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.

September 20, 2022

The transferee of a claim doesn’t have standing to object to recording the transfer of a claim to it on the claims docket, Judge Garrity says.

September 19, 2022

Following the Model Rules and erecting ethical screens allows adversary lawyers to date and marry.

September 16, 2022

Foreign creditors not subject to ‘specific personal jurisdiction’ in the U.S. can violate the automatic stay with impunity.

September 15, 2022

Saving Revlon’s bank $500 million, the Second Circuit holds that the law of restitution allows a bank to recover payments made mistakenly when the recipient had no right to receive the payment.

September 13, 2022

Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.

September 8, 2022

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, the Eleventh Circuit held in upholding Bankruptcy Judge Roberta Colton.

September 6, 2022

Judge Graham in Indianapolis sees the Seventh Circuit as interpreting ‘related to’ jurisdiction narrowly and not inclined to halt lawsuits against nondebtors without a direct effect on the bankrupt estate.