Rochelle's Daily Wire

ABI Exclusive

January 12, 2024

Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.

January 11, 2024

Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.

January 10, 2024

The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.

January 9, 2024

Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.

January 8, 2024

Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).

January 5, 2024

The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.

January 4, 2024

Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.

January 3, 2024

‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).

December 27, 2023

No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.

December 26, 2023

The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.