Skip to main content
Help Center
ABI Journal

10th Circuit

On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

10th Circuit

Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.

10th Circuit
Utah

Denver Judge Opens the SBRA Door Wide for People with Debt from Failed Companies

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

10th Circuit
Colorado

Deeply Subordinated Creditor Barred from Voting or Objecting to Plan Confirmation

Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.

10th Circuit
Kansas

Personal Injury Settlement Not Included in Calculating Projected Disposable Income

Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.

10th Circuit
Colorado

Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.

10th Circuit
Kansas

Amount of an Exemption Isn’t Required to Make an Order Final, Circuit Majority Says

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.

10th Circuit

Ponzi-Schemer’s Assistant Liable Under UFTA Even Without Knowledge of Fraud

Providing a necessary service for a Ponzi-schemer was enough to make an employee liable to return compensation as a fraudulent transfer.

10th Circuit
Utah

Automatic Stay Applies Automatically to the Archbishop of a Bankrupt Archdiocese

Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’

10th Circuit
New Mexico

The Circuits Are Split: Are Referral Fees Paid by a Ponzi Scheme Avoidable?

Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.

10th Circuit
Utah
Subscribe to %1