Rochelle's Daily Wire

ABI Exclusive

September 22, 2020

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.

September 4, 2020

Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).

August 26, 2020

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.

August 20, 2020

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

August 18, 2020

Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.

August 3, 2020

The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.

July 31, 2020

In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.

July 14, 2020

In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.

July 7, 2020

Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.

June 22, 2020

Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).