Rochelle's Daily Wire

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

Taking sides with the minority on a split, bankruptcy judges in Kansas allow chapter 13 debtors to retain windfalls acquired after filing.

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

BAP says the Tenth Circuit adopts legal fictions to create preferences.

Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.

Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.