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Home
October 16, 2020
Bankruptcy Judge Won’t Follow BAP Authority on Derivative Standing for Creditors
Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.
10th Circuit
,
New Mexico
June 22, 2020
Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
10th Circuit
,
New Mexico
May 29, 2020
Postpetition Default on a Mortgage Is a Prepetition Debt for Setoff Purposes
The obligation on a mortgage is incurred when the mortgage is granted, even though the payment default may occur after filing, Judge Thuma says.
10th Circuit
,
New Mexico
May 05, 2020
Two More Judges Rule that Chapter 11 Debtors Are Eligible for PPP Loans
Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.
10th Circuit
,
New Mexico
January 03, 2019
Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
10th Circuit
,
New Mexico
September 25, 2017
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
10th Circuit
,
New Mexico
January 18, 2017
Courts Divided over Jury Trials for Breach of Post-Petition Contracts
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
10th Circuit
,
New Mexico
June 20, 2016
Courts Trending Toward Motion Date to Begin Adequate Protection Payments
Courts employ three dates for commencement of adequate protection payments.
10th Circuit
,
New Mexico
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