Rochelle's Daily Wire

ABI Exclusive

January 29, 2021

A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.

January 27, 2021

The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).

January 26, 2021

A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.

January 25, 2021

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

January 20, 2021

Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.

January 18, 2021

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

January 15, 2021

Dissenter would have upheld horizontal gifting on the merits.

January 14, 2021

The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.

January 11, 2021

District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.