Rochelle's Daily Wire

ABI Exclusive

January 20, 2023

The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.

January 19, 2023

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

January 18, 2023

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

January 17, 2023

The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.

December 28, 2022

Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.

December 16, 2022

Some tasks are too complex for lawyers and should be performed by paralegals.

December 15, 2022

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

December 8, 2022

Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?

December 2, 2022

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

December 1, 2022

The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.