Rochelle's Daily Wire

ABI Exclusive

March 9, 2023

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

March 1, 2023

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

February 24, 2023

Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).

February 23, 2023

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

February 22, 2023

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

February 16, 2023

An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.

February 10, 2023

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

February 7, 2023

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

February 2, 2023

In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.

January 29, 2023

Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.