10th Circuit

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.

Another judge follows statutory language that didn’t achieve the result Congress probably intended.

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.

Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).