Rochelle's Daily Wire

ABI Exclusive

May 1, 2023

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

April 26, 2023

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

April 25, 2023

Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.

April 19, 2023

The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.

April 18, 2023

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

April 14, 2023

A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.

April 12, 2023

Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.

April 11, 2023

Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.

April 10, 2023

Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.

April 6, 2023

Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases.