Rochelle's Daily Wire

ABI Exclusive

March 31, 2023

A large sanction was civil, not criminal, because it was designed for deterrence.

March 29, 2023

The district court characterized the agreement not as creating a trust but as a device designed to win priority over a prior, perfected security interest.

March 15, 2023

Bankruptcy Judges Gargotta and Davis both held that the amended Texas exemption statute exempts life insurance policies and their cash surrender values.

March 13, 2023

A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.

March 6, 2023

The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.

March 2, 2023

Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.

February 15, 2023

When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.

February 10, 2023

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

February 2, 2023

In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.

February 1, 2023

Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing