Rochelle's Daily Wire

ABI Exclusive

August 17, 2021

Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.

August 13, 2021

Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.

August 11, 2021

After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.

August 5, 2021

Even for egregious, repeated violations of Bankruptcy Rule 3002.1, the bankruptcy court may only award recovery of economic losses, never punitive damages.

August 4, 2021

The Ninth Circuit BAP joins the minority on an issue that’s headed for the court of appeals.

August 2, 2021

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

July 29, 2021

Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.

July 28, 2021

Taking sides with the minority on a split, bankruptcy judges in Kansas allow chapter 13 debtors to retain windfalls acquired after filing.

July 26, 2021

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

July 23, 2021

The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.