Rochelle's Daily Wire

ABI Exclusive

May 22, 2023

Courts are divided on whether electricity supplied within 20 days of bankruptcy gives rise to an administrative priority claim.

May 16, 2023

A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.

May 1, 2023

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

April 27, 2023

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.

April 18, 2023

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

March 22, 2023

Ruling the other way would have barred chapter 13 filings after renewing title loans.

March 14, 2023

District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.

March 7, 2023

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

March 1, 2023

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

February 28, 2023

The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.