A ‘13’ Debtor Can’t Dismiss After Conversion to ‘7,’ Tenth Circuit BAP Says
A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).
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BAP Won’t Recharacterize a Loan and Guarantee and Found No Fraudulent Transfer
The debtor’s payment on a personal guarantee was no fraudulent transfer because the debtor had received reasonably equivalent value in the forms of salary and ownership in a business that ended up being worth nothing.
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Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
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Bankruptcy Judge Chops a Fully Secured Lender’s Fee Request by 60%
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
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Judge Rails Against Subchapter V Cases Taking as Long as ‘Regular’ Chapter 11s
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
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IRS Standard Deduction for Housing Can Be Taken Without Mortgage or Rent Expense
Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.
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Earmarking Requires Dominion/Control and No Diminution of the Estate, Circuit Says
Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.
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Dismissing a Divorce Action Didn’t Result in an Unauthorized, Post-Petition Transfer
An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.
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Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability
Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
Tenth Circuit BAP Disagrees with the Fourth Circuit on Inapplicability of Article III
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
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