Rochelle's Daily Wire

ABI Exclusive

November 4, 2022

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).

November 3, 2022

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.

November 2, 2022

If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.

October 21, 2022

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

October 20, 2022

Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.

October 19, 2022

Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.

October 18, 2022

Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.

October 17, 2022

A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.

October 5, 2022

Claims under pre-petition contracts extended after bankruptcy can have administrative status if there was benefit to the estate, district judge says, reversing the bankruptcy court.

October 4, 2022

Judge Glenn allowed the redaction of individual crypto customers’ home and email addresses, but requires the disclosure of their names and the amount of their claims. No redactions for business customers.