Judge Court
Western District of Oklahoma
Two BAPs Now Uphold Sanctions Alongside Voluntary Dismissals Under Section 1307(b)
The Tenth Circuit BAP holds that dismissal is not automatic and immediate when a chapter 13 debtor moves to dismiss voluntarily under Section 1307(b).
Lack of Financial Distress Results in Chapter 11 Dismissal for Bad Faith
Lack of financial distress was one of several contributing factors for the Tenth Circuit BAP’s affirmance of dismissal for bad faith filing in chapter 11.
Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.
Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Proving occurrence of rape evidently does not carry a presumption of intent to injure.
Bankruptcy Court Stays Out of the Repo Business
The repo man will face no competition from the bankruptcy court.