Rochelle's Daily Wire

ABI Exclusive

December 9, 2022

Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.

November 17, 2022

Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.

November 10, 2022

One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.

November 4, 2022

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).

November 3, 2022

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.

November 2, 2022

If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.

October 21, 2022

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

October 20, 2022

Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.

October 19, 2022

Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.

October 18, 2022

Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.