Rochelle's Daily Wire

ABI Exclusive

June 23, 2022

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

June 22, 2022

An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.

June 17, 2022

With the statute silent, the Ninth Circuit makes rules for assets that go to the chapter 7 estate on conversion from chapter 11.

June 8, 2022

Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.

June 1, 2022

If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.

May 25, 2022

Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.

May 19, 2022

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.

May 13, 2022

Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.

May 6, 2022

To settle with a trustee, a creditor is not required to volunteer damaging information.

May 3, 2022

The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.