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Home
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 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 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
January 03, 2019
Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
10th Circuit
,
New Mexico
March 14, 2018
Challenging Student Loans Permissible Six Years after Discharge
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
10th Circuit
,
New Mexico
September 25, 2017
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
10th Circuit
,
New Mexico
January 18, 2017
Courts Divided over Jury Trials for Breach of Post-Petition Contracts
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
10th Circuit
,
New Mexico
December 07, 2016
New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims
‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.
10th Circuit
,
New Mexico
June 20, 2016
Courts Trending Toward Motion Date to Begin Adequate Protection Payments
Courts employ three dates for commencement of adequate protection payments.
10th Circuit
,
New Mexico
April 05, 2016
Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7
Judge ducks ability to reconvert previously converted case to chapter 13.
10th Circuit
,
New Mexico
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