Rochelle's Daily Wire

ABI Exclusive

October 28, 2022

The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.

September 28, 2022

Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.

September 26, 2022

Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?

September 14, 2022

Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.

September 12, 2022

Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.

August 31, 2022

Dissenter in the Ninth Circuit would have held that unimpaired creditors of a solvent debtor get no interest whatsoever, although impaired creditors are entitled to interest.

August 9, 2022

After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.

August 5, 2022

The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).

July 14, 2022

The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.

July 13, 2022

On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.