Rochelle's Daily Wire

ABI Exclusive

April 12, 2024

Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.

March 26, 2024

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

March 22, 2024

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.

March 21, 2024

The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.

March 12, 2024

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.

February 27, 2024

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.

February 22, 2024

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

February 9, 2024

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

February 7, 2024

An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.

February 5, 2024

Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.

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