Rochelle's Daily Wire

ABI Exclusive

September 14, 2021

On a question where the courts are split, a New Jersey bankruptcy judge allowed the chapter 13 debtor to retain a $100,000 increase in value when he sold his home.

September 7, 2021

Although Section 1141(d)(1) sets a default rule only discharging claims that arose before confirmation, Circuit Judge Ambro says that a plan may alter the default rule and allow discharge of administrative claims arising after confirmation.

September 2, 2021

The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.

July 27, 2021

Critical vendor status is a defense to a preference claim only when the defendant was specifically named in an order, stipulation or agreement requiring full payment of the creditor’s prepetition claim, Judge Dorsey says.

July 9, 2021

Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.

July 7, 2021

A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys.

July 2, 2021

In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.

July 1, 2021

Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.

June 9, 2021

An administrative creditor isn’t a ‘guarantor’ of the success of the project, Delaware’s Bankruptcy Judge Goldblatt says.

June 8, 2021

Recent Supreme Court authority supports the conclusion by Delaware’s Judge Sontchi that law from the jurisdiction of incorporation, not federal common law, determines what is or isn’t a business trust eligible for chapter 11.