Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.
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Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
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Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
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Debtor’s Settlement Cannot Compromise a Creditor’s Claim Objection
‘Plain language’ of Section 502(b) prevents debtors from settling claim objections brought by creditors, Utah judge rules.
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Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
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Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
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Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral
Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.
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Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
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Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
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Courts Divided over Jury Trials for Breach of Post-Petition Contracts
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
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