Rochelle's Daily Wire

ABI Exclusive

October 15, 2020

Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.

October 13, 2020

Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.

October 9, 2020

October 7, 2020

The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.

October 6, 2020

Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.

September 30, 2020

A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.

September 29, 2020

Insurance companies must nail down the treatment of performance bonds before plan confirmation.

September 28, 2020

Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.

September 25, 2020

Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.

September 24, 2020

Ownership of a bank account isn’t enough by itself to make the account holder the initial transferee of a fraudulent transfer.