Rochelle's Daily Wire

ABI Exclusive

July 13, 2022

On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.

June 30, 2022

Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.

June 6, 2022

After almost three years in chapter 11 without a consensual plan, Bankruptcy Judge Warren is allowing sexual abuse claimants to sue nondebtor parishes and schools.

June 1, 2022

If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.

May 6, 2022

To settle with a trustee, a creditor is not required to volunteer damaging information.

April 12, 2022

To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.

March 8, 2022

For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.

March 2, 2022

Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).

January 25, 2022

The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?

November 3, 2021

In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.