Skip to main content

April 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, Colorado

April 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 District

April 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, Utah

April 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, Colorado

April 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, Kansas

October 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, Colorado

September 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

September 06, 2019

May a Trustee Recover Proceeds from Fraudulently Transferred Property?
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
10th Circuit, Kansas

June 07, 2019

Earmarking Seems to Be a Dead Letter in the Tenth Circuit
BAP says the Tenth Circuit adopts legal fictions to create preferences.
10th Circuit

May 23, 2019

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
10th Circuit, Oklahoma, Oklahoma Western District