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10th Circuit

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says

Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.

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.

Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware

Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.

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.

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine

Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

Barton Arises Unexpectedly to Bar a Routine Motion to Reopen

Trend continues in broadly interpreting Barton v. Barbour.