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Rochelle's Daily Wire | ABI Exclusive
June 7, 2019
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
BAP says the Tenth Circuit adopts legal fictions to create preferences.
May 23, 2019
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
Oklahoma Western District
May 7, 2019
District Court Upholds Discharge of a Portion of Student Loan Debt
Finding ‘undue hardship’ held not to require discharging all student loan debt.
April 16, 2019
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
February 8, 2019
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.
January 11, 2019
Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
January 10, 2019
Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.
January 3, 2019
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).
January 2, 2019
An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor
JTWROS ownership confers benefits and disadvantages in bankruptcy, too.
December 26, 2018
Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.