August 27, 2025
Entire Tax Refund Was Exempt, Not Just the Pro Rata Child Tax Credit
The Tenth Circuit interprets a state exemption statute ‘liberally’ in favor of the debtor.
10th CircuitAugust 22, 2025
Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says
An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
10th CircuitJuly 29, 2025
Circuit Judges Disagree: Can an Investment Be So Risky that It’s a Fraudulent Transfer?
What needs to be proven before a guarantee for an investment is so speculative that it’s a fraudulent transfer? Is good faith by both the borrower and the lender enough to defeat a fraudulent transfer claim?
10th CircuitMay 13, 2025
A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7
After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.
10th Circuit, New MexicoApril 08, 2025
Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor
Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.
10th Circuit, ColoradoMarch 31, 2025
Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V
Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.
10th Circuit, ColoradoFebruary 14, 2025
Although Exempt, Social Security Benefits Must Be Reported in Subchapter V
While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.
10th Circuit, New MexicoDecember 09, 2024
Having Committed Fraud Doesn’t Prevent a Debtor from Vacating a Judicial Lien
If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?
10th Circuit, New MexicoOctober 22, 2024
Child Tax Credits: Are They Fully or Partially Exempt Under State Law?
Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.
10th Circuit, ColoradoOctober 09, 2024
Rooker-Feldman Doesn’t Bar Review of an Erroneous Decision About the Automatic Stay
The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.
10th Circuit, New MexicoPagination
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