Rochelle's Daily Wire

ABI Exclusive

November 22, 2022

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

September 21, 2022

When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.

July 27, 2022

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.

June 2, 2022

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

April 26, 2022

Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.

April 18, 2022

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

November 16, 2021

Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).

October 20, 2021

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.

August 10, 2021

Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.

July 19, 2021

Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.

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