Rochelle's Daily Wire

ABI Exclusive

August 10, 2021

Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.

August 9, 2021

‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.

August 6, 2021

Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.

August 5, 2021

Even for egregious, repeated violations of Bankruptcy Rule 3002.1, the bankruptcy court may only award recovery of economic losses, never punitive damages.

August 2, 2021

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

July 29, 2021

Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.

July 26, 2021

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

July 22, 2021

Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.

July 21, 2021

Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.

July 16, 2021

Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.