‘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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Tenth Circuit BAP Says that Section 364(d)(1) Can’t Be Used for Priming Lien in a Plan
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
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Tenth Circuit Protects Subsequent Recipients of Fraudulent Transfer with a New Defense
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
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Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization
Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.
Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
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