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10th Circuit

Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor

In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.

10th Circuit
Utah

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says

Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.

10th Circuit
Colorado

Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure

Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.

10th Circuit
Colorado

UCC’s ‘Predominant Purpose’ Text Isn’t Used to Decide Priority Status Under § 503(b)(9)

A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.

10th Circuit
Colorado

Defamation and IIED Claims Are Not ‘Personal Injury Torts’

Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.

10th Circuit
New Mexico

Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions

Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.

10th Circuit
Kansas

Water Rights Are a Property Interest that Can’t Be Sold Free and Clear of Disputes

Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).

10th Circuit
Utah

Tenth Circuit: Debtors Retain Appreciation in a Home Sold Before Conversion to ‘7’

The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?

10th Circuit

Majority of Courts Use Confirmation Date to Value a Lender’s Collateral in Cramdown

Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.

10th Circuit
New Mexico

On a Split, District Judge Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation

District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.

10th Circuit
Colorado
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