Rochelle's Daily Wire

ABI Exclusive

September 29, 2021

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

September 20, 2021

The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.

September 10, 2021

Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.

July 2, 2021

In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.

May 28, 2021

Circuit Judge Ambro generously interprets Katz to mean that ratification of the Constitution waived state sovereign immunity broadly for suits to augment a bankrupt estate.

April 28, 2021

The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.

April 14, 2021

Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.

March 22, 2021

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.

March 17, 2021

Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.

February 18, 2021

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.