Rochelle's Daily Wire

ABI Exclusive

November 5, 2019

An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.

November 4, 2019

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

November 1, 2019

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

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 29, 2019

A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.

October 24, 2019

Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.

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 21, 2019

Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.