Rochelle's Daily Wire

ABI Exclusive

April 17, 2020

The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.

March 30, 2020

The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.

March 26, 2020

As long as the rate is legal under state law, considerations of equity will not allow a court to disallow default interest to an oversecured creditor under Section 506(b).

March 20, 2020

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.

February 13, 2020

The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.

February 4, 2020

Employer contributions to Puerto Rico’s retirement system did not qualify as ‘special revenues,’ with the result that bondholders’ liens were cut off on the filing date.

January 15, 2020

A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”

December 30, 2019

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

December 3, 2019

Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.

December 2, 2019

To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company