William T. Thurman

Dismissing a Divorce Action Didn’t Result in an Unauthorized, Post-Petition Transfer

An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.

Court :

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.

Court :

10th Circuit

Utah

Deceased Chapter 13 Debtor Excused from Taking Financial Management Course

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

Court :

10th Circuit

Utah

Debtor’s Settlement Cannot Compromise a Creditor’s Claim Objection

‘Plain language’ of Section 502(b) prevents debtors from settling claim objections brought by creditors, Utah judge rules.

Court :

10th Circuit

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