Rochelle's Daily Wire

ABI Exclusive

February 2, 2022

A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.

January 31, 2022

The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.

January 19, 2022

A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.

January 13, 2022

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.

January 11, 2022

The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.

December 20, 2021

Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors.

October 22, 2021

Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.

October 11, 2021

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

October 7, 2021

New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.

October 1, 2021

There can be no question about whether the beneficiary of a surety bond has been ‘paid in full’ before the surety has subrogation rights.