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10th Circuit

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

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

10th Circuit

Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.

10th Circuit
Kansas

Claim Objections Are Permissible in Chapter 13 After Plan Confirmation

Tulsa judge permits leisurely objections to unsecured claims in chapter 13.

10th Circuit
Oklahoma
Oklahoma Northern District
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