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 MexicoMay 08, 2020
Tenth Circuit Applies Equitable Mootness to Appeals from Liquidating Chapter 11 Plans
Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.
10th CircuitMay 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 MexicoApril 21, 2020
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
10th Circuit, ColoradoApril 17, 2020
Cashier’s Checks and Ordinary Checks Are Treated the Same Under Barnhill
The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.
10th Circuit, Oklahoma, Oklahoma Western DistrictApril 10, 2020
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
10th Circuit, UtahApril 07, 2020
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
10th Circuit, ColoradoApril 02, 2020
‘Oops’ and ‘Mea Culpa’ Won’t Make a Security Interest Attach, Judge Nugent Says
When it comes to attachment and perfection of a security interest, the devil is in the details.
10th Circuit, KansasOctober 18, 2019
Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
10th Circuit, ColoradoSeptember 13, 2019
‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
10th Circuit