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10th Circuit

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

10th Circuit
Colorado

Barton Arises Unexpectedly to Bar a Routine Motion to Reopen

Trend continues in broadly interpreting Barton v. Barbour.

10th Circuit
Kansas

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

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit
Utah

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit
Oklahoma
Oklahoma Western District

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

Student Loans to Advance a Career Are Classified as Non-Consumer

Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.

10th Circuit
Colorado

Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.

10th Circuit

Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors

Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.

10th Circuit

Finality Governed by Resolution of All Issues in an Adversary Proceeding

Unusual facts permit no exception to rigid rules on appellate jurisdiction.

10th Circuit
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