Rochelle's Daily Wire

ABI Exclusive

November 15, 2021

The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.

November 9, 2021

The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.

November 8, 2021

A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.

November 5, 2021

Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.

November 1, 2021

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

October 28, 2021

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.

October 27, 2021

Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.

October 26, 2021

Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.

October 25, 2021

The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.

October 21, 2021

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.