Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.
On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).
Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.