Rochelle's Daily Wire

ABI Exclusive

January 21, 2022

Can a state law properly decree when a debtor’s property drops out of the estate?

December 11, 2021

Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.

December 6, 2021

Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.

December 3, 2021

Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.

December 2, 2021

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

December 1, 2021

In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.

November 29, 2021

Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.

November 23, 2021

Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.

October 28, 2021

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.

October 25, 2021

The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.

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