Rochelle's Daily Wire

ABI Exclusive

June 22, 2017

Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.
Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

June 21, 2017

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.

June 20, 2017

Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.
Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.

June 19, 2017

‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
Established practice governing distributions is upheld in Delaware district court.

June 16, 2017

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

June 15, 2017

Criminal forfeiture and bankruptcy protect different interests, district judge says.