August 18, 2020
Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.
10th Circuit
August 03, 2020
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
10th Circuit, Colorado
July 31, 2020
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
10th Circuit
July 14, 2020
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
10th Circuit
June 22, 2020
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
10th Circuit, New Mexico
June 01, 2020
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.
10th Circuit, Utah
May 29, 2020
The obligation on a mortgage is incurred when the mortgage is granted, even though the payment default may occur after filing, Judge Thuma says.
10th Circuit, New Mexico
May 22, 2020
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
10th Circuit, Colorado
May 20, 2020
Successful liquidation doesn’t automatically mean maximum compensation.
10th Circuit
