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ABI Journal

Rochellel's Daily Wire

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 Mexico

March 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 Mexico

January 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 Mexico

December 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 Mexico

October 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 Mexico

May 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 Mexico

December 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 Mexico

November 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 Mexico

October 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 Mexico

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