December 13, 2022
A DIP’s Lawyer Can Later Become Adverse to a Chapter 11 Liquidating Trust
Judge David Thuma explains why a chapter 11 debtor in possession and a subsequent liquidating trust are different clients for the purpose of a conflict analysis, at least when the committee has confirmed a liquidating plan.
10th Circuit, New MexicoMarch 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 MexicoJanuary 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 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 MexicoOctober 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 MexicoMay 18, 2021
Courts Split on Whether Suits in Bankruptcy Court Can Violate the Automatic Stay
A minority of courts hold that a suit in bankruptcy court can violate the automatic stay if based on a claim that could have been brought before bankruptcy and did not arise under the Bankruptcy Code.
10th Circuit, New MexicoDecember 23, 2020
Automatic Stay Applies Automatically to the Archbishop of a Bankrupt Archdiocese
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’
10th Circuit, New MexicoNovember 18, 2020
Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
10th Circuit, New MexicoOctober 16, 2020
Bankruptcy Judge Won’t Follow BAP Authority on Derivative Standing for Creditors
Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.
10th Circuit, New MexicoJune 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