February 07, 2024
Judge Rails Against Subchapter V Cases Taking as Long as ‘Regular’ Chapter 11s
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
10th Circuit, ColoradoDecember 19, 2023
IRS Standard Deduction for Housing Can Be Taken Without Mortgage or Rent Expense
Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.
10th Circuit, New MexicoDecember 15, 2023
Earmarking Requires Dominion/Control and No Diminution of the Estate, Circuit Says
Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.
10th CircuitDecember 12, 2023
Dismissing a Divorce Action Didn’t Result in an Unauthorized, Post-Petition Transfer
An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.
10th CircuitNovember 30, 2023
Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability
Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
10th Circuit, Oklahoma, Oklahoma Western DistrictNovember 27, 2023
Tenth Circuit BAP Disagrees with the Fourth Circuit on Inapplicability of Article III
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
10th CircuitNovember 06, 2023
Properly Written, a Divorce Decree Doesn’t Create a Debtor/Creditor Relationship
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
10th Circuit, New MexicoOctober 23, 2023
Labor Union Beats Back a Motion to Transfer Venue to the Bankruptcy Court
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
10th Circuit, KansasOctober 05, 2023
The Standard for Enlarging the Time to File a Subchapter V Plan
Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.
10th Circuit, New MexicoAugust 24, 2023
State Court Is the ‘More Appropriate Forum’ to Divide Marital Property
The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.
10th Circuit, New Mexico