Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
BAP says the Tenth Circuit adopts legal fictions to create preferences.
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
Finding ‘undue hardship’ held not to require discharging all student loan debt.
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
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.
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.