Rochelle's Daily Wire

ABI Exclusive

April 20, 2024

Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.

March 28, 2024

Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.

March 26, 2024

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

February 13, 2024

Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.

February 7, 2024

An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.

January 29, 2024

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.

January 11, 2024

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

December 8, 2023

If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.

November 15, 2023

One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.

October 30, 2023

A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.

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