Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
The BAP affirmed the bankruptcy court award of postpetition interest, attorneys’ fees, and costs to the Bank. The BAP specified that the bankruptcy court's prior order which overruled the...
The 10th Circuit BAP affirmed the bankruptcy court's ruling that the post-petition appreciation of property owned by a chapter 13 debtor on the petition date does not constitute property of the...
BAP for 10th Cir. affirmed ruling of bankruptcy court (WD Ok.), which entered judgment against chapter 7 debtor on avoidance claim and for denial of discharge. Totality of the circumstances...
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
