Skip to main content

August 26, 2022

Salary Paid by a Ponzi-Schemer Isn’t Necessarily a Fraudulent Transfer, Circuit Says
The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.
10th Circuit

August 18, 2022

After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.
10th Circuit

August 11, 2022

Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.
10th Circuit, Oklahoma, Oklahoma Western District

August 02, 2022

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).
10th Circuit, Kansas

July 19, 2022

Corporate Officer Has a Nondischargeable Debt from the Company’s Fraud
Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.
10th Circuit

June 13, 2022

A Corporation Can’t Appeal an Order Converting Its Own Case to Chapter 7
Former managers of a corporation can appeal a conversion order in their own right, Tenth Circuit says.
10th Circuit

June 09, 2022

Tenth Circuit BAP Defines the Elements of the Earmarking Defense
Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.
10th Circuit

May 27, 2022

Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
10th Circuit, Utah

May 16, 2022

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
10th Circuit, Colorado

April 19, 2022

Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
10th Circuit, Colorado