March 25, 2022
UCC’s ‘Predominant Purpose’ Text Isn’t Used to Decide Priority Status Under § 503(b)(9)
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
10th Circuit, ColoradoMarch 24, 2022
Defamation and IIED Claims Are Not ‘Personal Injury Torts’
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
10th Circuit, New MexicoMarch 16, 2022
Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
10th Circuit, KansasMarch 02, 2022
Water Rights Are a Property Interest that Can’t Be Sold Free and Clear of Disputes
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
10th Circuit, UtahJanuary 25, 2022
Tenth Circuit: Debtors Retain Appreciation in a Home Sold Before Conversion to ‘7’
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
10th CircuitJanuary 06, 2022
Majority of Courts Use Confirmation Date to Value a Lender’s Collateral in Cramdown
Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.
10th Circuit, New MexicoDecember 13, 2021
On a Split, District Judge Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.
10th Circuit, ColoradoDecember 07, 2021
Judge Tells ‘13’ Debtors’ Counsel How to Write their Retention Agreements
Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.
10th Circuit, New MexicoNovember 01, 2021
Debtors May Wind Up Operations in Chapter 12 and Farm Through LLCs
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.
10th Circuit, KansasOctober 29, 2021
Priest Lacked Standing to Raise a Claim Objection to Clear His Name of Sexual Abuse
Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.
10th Circuit, New Mexico