Rochelle's Daily Wire

ABI Exclusive
Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans
May 6, 2016
5th Circuit ,
Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction
May 5, 2016
4th Circuit , Virginia , Virginia Eastern District ,
Exhaustion of state and federal administrative remedies are not the same, judge says.
District Court Bars Discharge When Student Loans Are Taken Voluntarily
May 5, 2016
11th Circuit , Alabama , Alabama Middle District ,
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
WARN Act Claims Entitled to Class Status
May 4, 2016
8th Circuit , Arkansas , Arkansas Eastern District ,
Arkansas district judge sides with workers on WARN claims from mass firings.
Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request
May 3, 2016
2nd Circuit , New York , New York Eastern District ,
Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
May 2, 2016
6th Circuit ,
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
May 2, 2016
3rd Circuit ,
Later bankruptcy is no proof of prior inadequate capitalization.
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
April 29, 2016
8th Circuit ,
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
April 29, 2016
4th Circuit ,
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
Involuntary Servitude Claim Raised in Involuntary Chapter 11
April 28, 2016
9th Circuit , Washington , Washington Western District ,
Did Congress make another constitutional mistake in BAPCPA?

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