Rochelle's Daily Wire

ABI Exclusive

January 2, 2024

The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.

December 14, 2023

Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.

December 4, 2023

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

November 28, 2023

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

November 20, 2023

The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.

November 8, 2023

We focus on ethics two days in a row, given the recent disturbing events in Houston.

October 30, 2023

A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.

October 19, 2023

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

October 18, 2023

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

September 15, 2023

Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.