Rochelle's Daily Wire

ABI Exclusive

July 29, 2021

Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.

July 28, 2021

Taking sides with the minority on a split, bankruptcy judges in Kansas allow chapter 13 debtors to retain windfalls acquired after filing.

June 22, 2021

Rooker-Feldman and other principles can bar rejection of a contract even if it’s ‘executory.’

May 18, 2021

A minority of courts hold that a suit in bankruptcy court can violate the automatic stay if based on a claim that could have been brought before bankruptcy and did not arise under the Bankruptcy Code.

May 6, 2021

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

April 27, 2021

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.

April 21, 2021

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

April 8, 2021

Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.

April 2, 2021

Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.

March 22, 2021

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.