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ABI Journal

Rochellel's Daily Wire

May 27, 2022

Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor

In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.

10th Circuit, Utah

March 02, 2022

Water Rights Are a Property Interest that Can’t Be Sold Free and Clear of Disputes

Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).

10th Circuit, Utah

September 20, 2021

Split Heading to the Tenth Circuit on Sovereign Immunity for Section 544(b) Claims

The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.

10th Circuit, Utah

June 22, 2021

Utah Judge Engrafts Flexibility onto the Countryman Definition of Executory Contracts

Rooker-Feldman and other principles can bar rejection of a contract even if it’s ‘executory.’

10th Circuit, Utah

April 27, 2021

Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.

10th Circuit, Utah

January 06, 2021

Ponzi-Schemer’s Assistant Liable Under UFTA Even Without Knowledge of Fraud

Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.

10th Circuit, Utah

November 24, 2020

The Circuits Are Split: Are Referral Fees Paid by a Ponzi Scheme Avoidable?

Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.

10th Circuit, Utah

November 04, 2020

Deceased Chapter 13 Debtor Excused from Taking Financial Management Course

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

10th Circuit, Utah

June 01, 2020

District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

10th Circuit, Utah

April 10, 2020

Lack of Familiarity with PACER Is No Excuse for a Late Filing

Filing with PACER should be left to the experts, by which we mean paralegals.

10th Circuit, Utah