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ABI Journal

10th Circuit

Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash

Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.

Divorcing While Bankrupt Lays Traps for the Unwary

Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.

Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says

Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.

Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments

The bankruptcy court is no longer a court of equity; here’s another example.

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

Educational Loans from a Private Lender Are Held Dischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans

Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.

Four Circuits Agree on Calculating an Exemption Impairment Under Section 522(f)

The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.

Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says

Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.