Tenth Circuit Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
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.
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Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says
Some tasks are too complex for lawyers and should be performed by paralegals.
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A DIP’s Lawyer Can Later Become Adverse to a Chapter 11 Liquidating Trust
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.
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The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement
The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.
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A ‘Letter Box’ Company Is Denied Foreign Main and Nonmain Recognition in Chapter 15
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.
Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.
Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
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Salary Paid by a Ponzi-Schemer Isn’t Necessarily a Fraudulent Transfer, Circuit Says
The Tenth Circuit dealt with the thorny question of which expenses paid by a Ponzi-schemer are fraudulent transfers.
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After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
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.
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Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.