Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.
The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.
When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.
The circuits are now split 3/1, with the majority finding a waiver of sovereign immunity under Section 544(b)(1) for lawsuits by a trustee based on claims that an actual creditor could not have brought outside of bankruptcy.
Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.