Rochelle's Daily Wire

ABI Exclusive

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.

December 2, 2020

New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.

November 24, 2020

Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.

November 20, 2020

November 10, 2020

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

November 9, 2020

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

November 6, 2020

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

November 5, 2020

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

November 4, 2020

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

October 30, 2020

Creditors are entitled to ‘default interest’ when the debtor is solvent.