Colorado

Denver Judge Opens the SBRA Door Wide for People with Debt from Failed Companies

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

Personal Injury Settlement Not Included in Calculating Projected Disposable Income

Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before 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.

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.

An Exempt Asset Effectively Loses Its Exemption in Chapter 13

Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.

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

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.

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).

Educational Loans from a Private Lender Are Held Dischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

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