September 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
September 4, 2020
Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).
August 26, 2020
Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.
August 20, 2020
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
August 18, 2020
Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.
August 3, 2020
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
10th Circuit , Colorado ,
July 31, 2020
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
July 14, 2020
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
July 7, 2020
Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.
June 22, 2020
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).