10th Circuit

The Circuits Are Split: Are Referral Fees Paid by a Ponzi Scheme Avoidable?

Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.

Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.

Deceased Chapter 13 Debtor Excused from Taking Financial Management Course

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

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.

‘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.

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.

‘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.

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).

Tenth Circuit Panel Splits on a Triangular Preference

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.