Rochelle's Daily Wire

ABI Exclusive

May 2, 2024

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

May 1, 2024

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.

April 30, 2024

A Third Circuit decision shows the breadth of unliquidated and contingent claims.

April 29, 2024

The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.

April 26, 2024

Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.

April 25, 2024

New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.

April 24, 2024

The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).

April 23, 2024

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.

April 22, 2024

A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.

April 20, 2024

Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.

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