Rochelle's Daily Wire

ABI Exclusive

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.

September 25, 2020

Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.

March 10, 2020

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).

July 26, 2019

A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.

August 28, 2018

Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.

April 10, 2018

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

February 15, 2018

The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.