Rochelle's Daily Wire

ABI Exclusive

March 24, 2021

Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).

March 23, 2021

A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).

March 18, 2021

The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.

March 16, 2021

Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.

March 15, 2021

The Eleventh Circuit was ‘skeptical’ about a violation of the anti-slavery amendment resulting from the appointment of a chapter 11 trustee to oust an individual chapter 11 debtor in possession.

March 12, 2021

Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.

March 11, 2021

Compensation in a bankruptcy case can be based on savings to the estate, not only on cash recoveries by the estate.

March 8, 2021

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

March 3, 2021

An appeal from a critical vendor order was dismissed as equitably moot.

March 2, 2021

Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.