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.
Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property
Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).
Tenth Circuit Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.
Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says
Some tasks are too complex for lawyers and should be performed by paralegals.
The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement
The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.
Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.
Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).
Corporate Officer Has a Nondischargeable Debt from the Company’s Fraud
Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.
Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.