Rochelle's Daily Wire

ABI Exclusive

November 28, 2023

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

November 22, 2023

A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.

November 20, 2023

The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.

November 17, 2023

The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’

November 16, 2023

When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.

November 14, 2023

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

November 8, 2023

We focus on ethics two days in a row, given the recent disturbing events in Houston.

November 7, 2023

Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.

November 6, 2023

A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.

November 3, 2023

Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.