Rochelle's Daily Wire

ABI Exclusive

December 18, 2023

Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.

October 25, 2023

An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.

October 17, 2022

A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.

June 29, 2022

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

June 7, 2022

Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.

June 28, 2021

Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.

June 4, 2021

Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.

January 25, 2021

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

June 24, 2020

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

June 19, 2020

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

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