Rochelle's Daily Wire

ABI Exclusive

April 11, 2024

Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.

April 4, 2024

The bankruptcy court’s inference of intent to hinder the trustee wasn’t supported by the evidence, the district judge says in reversing a denial discharge.

March 4, 2024

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

February 16, 2024

A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.

February 2, 2024

A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.

January 23, 2024

Judge Beth Buchanan decided that the ‘totality of the circumstances’ test for ‘abuse’ doesn’t permit disregarding the exemption for Social Security benefits.

January 5, 2024

The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.

November 22, 2023

A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.

October 25, 2023

An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.

October 6, 2023

Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.