Rochelle's Daily Wire

ABI Exclusive

February 10, 2020

Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.

January 29, 2020

The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.

January 23, 2020

Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.

January 14, 2020

Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.

January 8, 2020

Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.

December 30, 2019

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

December 23, 2019

Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.

December 10, 2019

Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.

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 28, 2019

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.