Rochelle's Daily Wire

ABI Exclusive

November 23, 2022

The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.

November 18, 2022

When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.

November 15, 2022

Should the cost of employer-provided health care insurance be considered income for lower-income Americans?

November 8, 2022

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

November 4, 2022

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).

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.