Rochelle's Daily Wire

ABI Exclusive

May 29, 2024

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

February 12, 2024

A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.

August 9, 2023

The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.

June 1, 2023

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

November 1, 2021

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

January 5, 2021

The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.

December 7, 2020

An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.

May 29, 2020

The obligation on a mortgage is incurred when the mortgage is granted, even though the payment default may occur after filing, Judge Thuma says.

March 9, 2020

Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.

July 16, 2019

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.