Postpetition Default on a Mortgage Is a Prepetition Debt for Setoff Purposes
The obligation on a mortgage is incurred when the mortgage is granted, even though the payment default may occur after filing, Judge Thuma says.
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Two More Judges Rule that Chapter 11 Debtors Are Eligible for PPP Loans
Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.
Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
Judge Name - Do not use it.
David T. Thuma
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Judge Name - Do not use it.
David T. Thuma
Courts Divided over Jury Trials for Breach of Post-Petition Contracts
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
Judge Name - Do not use it.
David T. Thuma
Courts Trending Toward Motion Date to Begin Adequate Protection Payments
Courts employ three dates for commencement of adequate protection payments.
Judge Name - Do not use it.
David T. Thuma