Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
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Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.