Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor
Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.
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Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V
Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.
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Child Tax Credits: Are They Fully or Partially Exempt Under State Law?
Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.
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Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
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Bankruptcy Judge Chops a Fully Secured Lender’s Fee Request by 60%
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
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Judge Rails Against Subchapter V Cases Taking as Long as ‘Regular’ Chapter 11s
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
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Accumulated, Identifiable Wages Were Held Exempt, Regardless of the Total Amount
Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.
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Bankruptcy Doesn’t Automatically Accelerate a Mortgage, State Supreme Court Says
A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.
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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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Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
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