September 26, 2024
Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.
10th Circuit, Kansas
August 06, 2024
The district court shouldn’t have substituted its own judgment for the bankruptcy court’s conclusion about what’s equitable, Tenth Circuit says.
10th Circuit
July 29, 2024
The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.
10th Circuit
June 14, 2024
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
10th Circuit, Colorado
June 04, 2024
Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.
10th Circuit, New Mexico
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.
10th Circuit
March 18, 2024
A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).
10th Circuit
March 08, 2024
The debtor’s payment on a personal guarantee was no fraudulent transfer because the debtor had received reasonably equivalent value in the forms of salary and ownership in a business that ended up being worth nothing.
10th Circuit
February 28, 2024
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
10th Circuit
February 12, 2024
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
10th Circuit, Colorado
