Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
‘Plain language’ of Section 502(b) prevents debtors from settling claim objections brought by creditors, Utah judge rules.
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
Trend continues in broadly interpreting Barton v. Barbour.