Rochelle's Daily Wire

ABI Exclusive

June 25, 2020

The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.

June 17, 2020

Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.

June 12, 2020

Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.

June 8, 2020

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.

June 3, 2020

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’

May 22, 2020

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

May 14, 2020

Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing

May 12, 2020

Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.

May 8, 2020

Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.

April 23, 2020

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.