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ABI Journal

R. Kimball Mosier

Split Heading to the Tenth Circuit on Sovereign Immunity for Section 544(b) Claims

The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.

10th Circuit
Utah

Lack of Familiarity with PACER Is No Excuse for a Late Filing

Filing with PACER should be left to the experts, by which we mean paralegals.

10th Circuit
Utah

Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says

Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.

10th Circuit

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit
Utah
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