January 20, 2023
The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.
December 16, 2022
Some tasks are too complex for lawyers and should be performed by paralegals.
December 13, 2022
Judge David Thuma explains why a chapter 11 debtor in possession and a subsequent liquidating trust are different clients for the purpose of a conflict analysis, at least when the committee has confirmed a liquidating plan.
December 1, 2022
The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.
October 25, 2022
Being registered, plus having directors and an address, on the Isle of Man wasn’t sufficient to show COMI or an ‘establishment’ justifying recognition under chapter 15.
October 18, 2022
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.
September 29, 2022
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
August 26, 2022
The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.
August 18, 2022
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.
August 11, 2022
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.