Rochelle's Daily Wire

ABI Exclusive

October 31, 2019

Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.

October 30, 2019

State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.

October 25, 2019

Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.

October 23, 2019

The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.

October 22, 2019

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

October 18, 2019

Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).

October 17, 2019

A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.

October 9, 2019

Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.

October 7, 2019

Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.

October 4, 2019

Factors in permitting separate classification of debts include moral obligation and tangible benefit.