Rochelle's Daily Wire

ABI Exclusive

January 11, 2023

The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.

January 9, 2023

All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.

December 20, 2022

Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.

December 2, 2022

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.

November 22, 2022

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

November 15, 2022

Should the cost of employer-provided health care insurance be considered income for lower-income Americans?

November 14, 2022

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

November 9, 2022

A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.

November 8, 2022

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

October 31, 2022

The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.