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10th Circuit

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

Kansas Judge Endorses Fee-Only Chapter 13 Plans

Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front.

10th Circuit
Kansas

Discrimination in Favor of Student Loans Makes Plan Fatally Defective

Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.

10th Circuit
Kansas

Personal Guaranty Unimpaired by Company’s Chapter 11 Plan

Tenth Circuit bars crafty evasion of a personal guaranty.

10th Circuit
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