Rochelle's Daily Wire

ABI Exclusive

April 20, 2020

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

April 3, 2020

If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.

March 31, 2020

Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.

March 26, 2020

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.

March 24, 2020

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.

March 20, 2020

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.

March 19, 2020

The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.

March 18, 2020

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

March 13, 2020

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’

March 2, 2020

The Ninth Circuit BAP closed a loophole that would have allowed a recipient of public assistance benefits to discharge a debt for overpayment.