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October 18, 2018
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
October 4, 2018
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
August 3, 2018
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
March 27, 2018
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
November 22, 2017
Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
February 14, 2017
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.