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10th Circuit

A Bankruptcy Petition Automatically Stays the Filing of an Appeal or a Cross Appeal

When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.

10th Circuit

IRS Has No Sovereign Immunity to Bar a Fraudulent Transfer Suit Under Section 544(b)

The circuits are now split 3/1, with the majority finding a waiver of sovereign immunity under Section 544(b)(1) for lawsuits by a trustee based on claims that an actual creditor could not have brought outside of bankruptcy.

10th Circuit

Accumulated, Identifiable Wages Were Held Exempt, Regardless of the Total Amount

Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.

10th Circuit
Colorado

Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says

An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.

10th Circuit

Bankruptcy Doesn’t Automatically Accelerate a Mortgage, State Supreme Court Says

A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.

10th Circuit
Colorado

Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property

Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).

10th Circuit
New Mexico

Tenth Circuit Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation

The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.

10th Circuit

Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says

Some tasks are too complex for lawyers and should be performed by paralegals.

10th Circuit

A DIP’s Lawyer Can Later Become Adverse to a Chapter 11 Liquidating Trust

Judge David Thuma explains why a chapter 11 debtor in possession and a subsequent liquidating trust are different clients for the purpose of a conflict analysis, at least when the committee has confirmed a liquidating plan.

10th Circuit
New Mexico

The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement

The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.

10th Circuit
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