Rochelle's Daily Wire

ABI Exclusive

March 9, 2021

Constitutional arguments don’t entitle the creditor to stay relief.

March 8, 2021

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

March 3, 2021

An appeal from a critical vendor order was dismissed as equitably moot.

March 1, 2021

In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.

February 25, 2021

Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.

February 23, 2021

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

February 22, 2021

Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.

February 17, 2021

A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.

February 16, 2021

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.

February 12, 2021

Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.