Rochelle's Daily Wire

ABI Exclusive

November 1, 2021

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

January 5, 2021

The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.

December 7, 2020

An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.

May 29, 2020

The obligation on a mortgage is incurred when the mortgage is granted, even though the payment default may occur after filing, Judge Thuma says.

March 9, 2020

Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.

July 16, 2019

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

October 16, 2018

Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.
Where the courts are split for lack of specific statutory authority, Judge Robert Jones finds discretion to allow conversion from chapter 12 to chapter 11.

March 15, 2018

Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.