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10th Circuit

A ‘Letter Box’ Company Is Denied Foreign Main and Nonmain Recognition in Chapter 15

Being registered, plus having directors and an address, on the Isle of Man wasn’t sufficient to show COMI or an ‘establishment’ justifying recognition under chapter 15.

10th Circuit
Oklahoma
Oklahoma Western District

Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status

Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.

10th Circuit
Oklahoma
Oklahoma Western District

Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13

Judge Rosania answered a question left open by the Tenth Circuit in Barrera.

10th Circuit
Colorado

Salary Paid by a Ponzi-Schemer Isn’t Necessarily a Fraudulent Transfer, Circuit Says

The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.

10th Circuit

After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees

The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.

10th Circuit

Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle

Surprisingly, no court had previously ruled on whether a golf cart can be exempt.

10th Circuit
Oklahoma
Oklahoma Western District

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

10th Circuit
Kansas

Corporate Officer Has a Nondischargeable Debt from the Company’s Fraud

Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.

10th Circuit

A Corporation Can’t Appeal an Order Converting Its Own Case to Chapter 7

Former managers of a corporation can appeal a conversion order in their own right, Tenth Circuit says.

10th Circuit

Tenth Circuit BAP Defines the Elements of the Earmarking Defense

Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.

10th Circuit
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