April 07, 2020

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

10th Circuit, Colorado

October 18, 2019

Courts Split on Allowing a Late Claim if the Creditor Was Not Listed

Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).

10th Circuit, Colorado

October 12, 2018

Educational Loans from a Private Lender Are Held Dischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

10th Circuit, Colorado

February 05, 2018

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

10th Circuit, Colorado

February 15, 2017

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

10th Circuit, Colorado

November 22, 2016

Student Loans to Advance a Career Are Classified as Non-Consumer

Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.

10th Circuit, Colorado

March 16, 2016

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

10th Circuit, Colorado

February 17, 2016

Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)

Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?

10th Circuit, Colorado