Rochelle's Daily Wire

ABI Exclusive

March 11, 2021

Compensation in a bankruptcy case can be based on savings to the estate, not only on cash recoveries by the estate.

March 8, 2021

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

March 3, 2021

An appeal from a critical vendor order was dismissed as equitably moot.

March 2, 2021

Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.

February 25, 2021

Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.

February 24, 2021

Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.

February 23, 2021

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

February 18, 2021

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.

February 15, 2021

Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.

February 12, 2021

Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.