10th Circuit

Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors

Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.

Finality Governed by Resolution of All Issues in an Adversary Proceeding

Unusual facts permit no exception to rigid rules on appellate jurisdiction.

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.

Claim Objections Are Permissible in Chapter 13 After Plan Confirmation

Tulsa judge permits leisurely objections to unsecured claims in chapter 13.

Courts Trending Toward Motion Date to Begin Adequate Protection Payments

Courts employ three dates for commencement of adequate protection payments.

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7

Judge ducks ability to reconvert previously converted case to chapter 13.

Bankruptcy Court Stays Out of the Repo Business

The repo man will face no competition from the bankruptcy court.

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.