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Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
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.
Debtor Has Valid Homestead Exemptions Even Without Equity in the Property
Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.
Child Support Cases Avoid Thorny Choice of Law Questions
Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.
Student Loans to Advance a Career Are Classified as Non-Consumer
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says
Sarbanes-Oxley nails securities fraudsters who file bankruptcy.
Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors
Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.
Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
Tenth Circuit Examines Three Versions of Appellate Mootness
Good faith finding is required before dismissal of an appeal under Section 363(m).