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ABI Journal

10th Circuit

A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

10th Circuit
New Mexico

Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor

Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.

10th Circuit
Colorado

Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V

Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.

10th Circuit
Colorado

Although Exempt, Social Security Benefits Must Be Reported in Subchapter V

While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.

10th Circuit
New Mexico

Having Committed Fraud Doesn’t Prevent a Debtor from Vacating a Judicial Lien

If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?

10th Circuit
New Mexico

Child Tax Credits: Are They Fully or Partially Exempt Under State Law?

Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.

10th Circuit
Colorado

Rooker-Feldman Doesn’t Bar Review of an Erroneous Decision About the Automatic Stay

The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.

10th Circuit
New Mexico

A Former Officer Was Not ‘Disinterested’ but Could Be Retained as a Professional Person

Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.

10th Circuit
Kansas

A Decision About What’s Equitable Is Difficult to Overturn on Appeal, Circuit Says

The district court shouldn’t have substituted its own judgment for the bankruptcy court’s conclusion about what’s equitable, Tenth Circuit says.

10th Circuit

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

10th Circuit
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