10th Circuit

If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.

Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.

A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.

A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.

The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.

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.