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ABI Journal

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

Courts Trending Toward Motion Date to Begin Adequate Protection Payments

Courts employ three dates for commencement of adequate protection payments.

10th Circuit
New Mexico

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit
Oklahoma
Oklahoma Western District

Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7

Judge ducks ability to reconvert previously converted case to chapter 13.

10th Circuit
New Mexico

Bankruptcy Court Stays Out of the Repo Business

The repo man will face no competition from the bankruptcy court.

10th Circuit
Oklahoma
Oklahoma Western District

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

10th Circuit
Colorado

Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)

Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?

10th Circuit
Colorado

Securities Fraud Judgment Is Automatically Nondischargeable, Circuit Says

Tenth Circuit slams securities fraudsters already nailed with default judgments.

10th Circuit
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