Rochelle's Daily Wire

ABI Exclusive

December 16, 2021

Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’

November 8, 2021

A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.

September 9, 2021

Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.

August 31, 2021

Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.

August 27, 2021

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

August 26, 2021

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

August 25, 2021

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

June 2, 2021

Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.

May 21, 2021

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

May 13, 2021

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.

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