Skip to main content

July 14, 2020

Tenth Circuit Protects Subsequent Recipients of Fraudulent Transfer with a New Defense
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

July 07, 2020

Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization
Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.
10th Circuit, Oklahoma, Oklahoma Western District

June 22, 2020

Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
10th Circuit, New Mexico

June 01, 2020

District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment
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

Postpetition Default on a Mortgage Is a Prepetition Debt for Setoff Purposes
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

An Exempt Asset Effectively Loses Its Exemption in Chapter 13
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

Tenth Circuit Strictly Reads Section 326(a) Regarding a Trustee’s Right to Compensation
Successful liquidation doesn’t automatically mean maximum compensation.
10th Circuit

May 14, 2020

Another Judge Allows Switching to the SBRA When a Pending Chapter 11 Is About to Fail
Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing
10th Circuit, New Mexico

May 08, 2020

Tenth Circuit Applies Equitable Mootness to Appeals from Liquidating Chapter 11 Plans
Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.
10th Circuit

May 05, 2020

Two More Judges Rule that Chapter 11 Debtors Are Eligible for PPP Loans
Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.
10th Circuit, New Mexico