Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.
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Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
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Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.
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Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
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An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor
JTWROS ownership confers benefits and disadvantages in bankruptcy, too.
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Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.
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Divorcing While Bankrupt Lays Traps for the Unwary
Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.
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Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
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Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
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Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
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