Displaying Journal Articles with Topic 10th Circuit

The bankruptcy court is no longer a court of equity; here’s another example.

Circuit split is widening on whether inaction can be a violation of the automatic stay.

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.

The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.

Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.