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April 19, 2022

Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.

March 25, 2022

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.

December 13, 2021

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.

April 21, 2021

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

April 02, 2021

Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.

October 07, 2020

The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.

October 05, 2020

Another judge follows statutory language that didn’t achieve the result Congress probably intended.

August 03, 2020

The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.

May 22, 2020

Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.

April 21, 2020

An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver