Rochelle's Daily Wire

ABI Exclusive

August 25, 2022

A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.

August 15, 2022

Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.

August 8, 2022

The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.

July 29, 2022

Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.

May 24, 2022

Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived

May 18, 2022

The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.

May 10, 2022

Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.

May 2, 2022

The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.

March 29, 2022

A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.

March 23, 2022

The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.