Rochelle's Daily Wire

ABI Exclusive

August 19, 2022

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

August 18, 2022

The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.

August 17, 2022

An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.

August 15, 2022

Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.

August 12, 2022

Reversing the bankruptcy court, a district judge ruled that a company may file in chapter 7 even when there are no operations and no assets aside from insurance.

August 10, 2022

Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.

August 9, 2022

After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.

August 4, 2022

A country that was ineligible to host a nonmain foreign proceeding was nonetheless held to have the foreign main proceeding.

August 3, 2022

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.

August 2, 2022

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).