10th Circuit

Tenth Circuit Strictly Reads Section 326(a) Regarding a Trustee’s Right to Compensation

Successful liquidation doesn’t automatically mean maximum compensation.

Another Judge Allows Switching to the SBRA When a Pending Chapter 11 Is About to Fail

Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing

Tenth Circuit Applies Equitable Mootness to Appeals from Liquidating Chapter 11 Plans

Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.

Two More Judges Rule that Chapter 11 Debtors Are Eligible for PPP Loans

Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.

As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says

An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver

Cashier’s Checks and Ordinary Checks Are Treated the Same Under Barnhill

The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.

Lack of Familiarity with PACER Is No Excuse for a Late Filing

Filing with PACER should be left to the experts, by which we mean paralegals.

Barton Doctrine Didn’t Protect a Special Master from a Preference Suit

Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.

‘Oops’ and ‘Mea Culpa’ Won’t Make a Security Interest Attach, Judge Nugent Says

When it comes to attachment and perfection of a security interest, the devil is in the details.

Courts Split on Allowing a Late Claim if the Creditor Was Not Listed

Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).