Rochelle's Daily Wire

ABI Exclusive

October 16, 2023

As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).

October 12, 2023

The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.

October 4, 2023

Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.

September 25, 2023

Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.

September 5, 2023

A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.

August 21, 2023

As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.

August 17, 2023

Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.

August 16, 2023

Seeking attorneys’ fees from the debtor did not by itself make a postpetition lawsuit subject to the automatic stay.

August 4, 2023

The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b).

July 24, 2023

The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.