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10th Circuit

Bankruptcy Judge Won’t Follow BAP Authority on Derivative Standing for Creditors

Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.

Chapter 13 Debtors Retain Appreciation in Property After Conversion or Plan Amendment

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.
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‘Fair Ground of Doubt’ Under Taggart Isn’t Shown by Intending to Overturn Precedent

The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
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Courts Remain Split on Allowing Credit Counseling on the Same Day but After Filing

Another judge follows statutory language that didn’t achieve the result Congress probably intended.
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‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
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Not All Student Loans Are Nondischargeable, Tenth Circuit Holds

Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).
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Tenth Circuit Panel Splits on a Triangular Preference

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.
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Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
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Complete Disgorgement Is the Default Sanction for Failure to Disclose a Fee Agreement

Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.
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Judge Romero Explains Why Lenders Can’t Claw Back Retainers Paid by Debtors

The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
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