Rochelle's Daily Wire

ABI Exclusive

November 19, 2021

Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.

November 18, 2021

The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.

November 17, 2021

Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.

November 10, 2021

The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans

October 15, 2021

An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.

October 8, 2021

The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.

October 5, 2021

An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.

September 29, 2021

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

September 27, 2021

Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.

September 22, 2021

The Third Circuit made more rules to decide whether an insurance company can be insulated from failure-to-warn claims by the channeling injunction in a chapter 11 ‘asbestos’ plan.

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