One of your primary concerns when considering bankruptcy should be how filing will affect any personal property and real estate that you own. The bankruptcy code allows each state to decide just how much property is protected. Colorado’s protections (what we lawyers call “exemptions”) cover your primary residence, household goods, clothing, jewelry, vehicles, and other…Read more
10th Circuit Bankruptcy Appellate Panel Decision – In re Duffin (Rupp v. Duffin)
The issue before the Court was whether the bankruptcy court properly allowed debtors Duffin (“Debtors”) to claim a Utah state law exemption in proceeds and avails of their unmatured life insurance policies, including payments made on the policies in the year preceding their bankruptcy filing. Appellant Stephen W. Rupp, Chapter 7 trustee (“Trustee”) contends the…Read more
10th Circuit Bankruptcy Appellate Panel Decision – Diamond v. Bakay (Unpublished)
Plaintiffs George and Georgia Diamond (“Diamonds”) appeal a bankruptcy court order denying their request for prejudgment interest on their nondischargeable claim against debtor, Scott Bakay (“Debtor”). The issue on appeal is whether the bankruptcy court erred by denying the Diamonds’ second post-judgment motion for prejudgment interest on their nondischargeable claim. “The decision whether or not…Read more