Rochelle's Daily Wire

ABI Exclusive

February 28, 2022

The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.

February 25, 2022

Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.

February 15, 2022

District judge in Idaho finds no ambiguity in a statute that doesn’t explicitly say whether a chapter 13 trustee is paid if the case is dismissed before confirmation.

February 11, 2022

Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.

February 2, 2022

A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.

January 14, 2022

A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.

January 7, 2022

The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.

December 14, 2021

Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.

December 10, 2021

A panel of the Ninth Circuit implicitly urged en banc reversal of two decisions holding that a homestead exemption is lost if the proceeds are not reinvested within the time required by state law, even if the exemption was valid on the filing date.

December 3, 2021

Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.