Rochelle's Daily Wire

The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.

A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.

Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.

Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.

The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.