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Home
November 18, 2020
Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
10th Circuit
,
New Mexico
July 31, 2020
Tenth Circuit BAP Says that Section 364(d)(1) Can’t Be Used for Priming Lien in a Plan
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
10th Circuit
May 14, 2020
Another Judge Allows Switching to the SBRA When a Pending Chapter 11 Is About to Fail
Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing
10th Circuit
,
New Mexico
March 14, 2018
Challenging Student Loans Permissible Six Years after Discharge
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
10th Circuit
,
New Mexico
December 07, 2016
New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims
‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.
10th Circuit
,
New Mexico
August 24, 2016
Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors
Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.
10th Circuit
April 05, 2016
Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7
Judge ducks ability to reconvert previously converted case to chapter 13.
10th Circuit
,
New Mexico
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