Rochelle's Daily Wire

ABI Exclusive

December 23, 2020

Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’

December 22, 2020

A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.

December 21, 2020

Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.

December 18, 2020

By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.

December 17, 2020

Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.

December 15, 2020

Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.

December 11, 2020

Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.

December 8, 2020

Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.

December 4, 2020

The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.

December 3, 2020

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.