November 23, 2017

Archives for September 28, 2011

Bankruptcy Court: Debtor May Not Remove Language from Form Chapter 13 Plan Requiring Confirmed Plan to be Modified

The U.S. Bankruptcy Court for the District of Colorado issued its opinion in In re Butcher on Tuesday, September 20, 2011.

§ 1325; § 1327; § 501; § 502—Chapter 13

This case presented the question of whether a debtor may remove language from the district’s form chapter 13 plan requiring the confirmed plan to be modified following the bar date if timely proofs of claim, filed after plan confirmation, indicate that the debtor’s plan does not fully provide for secured and priority claims. The Court held that the Debtors’ alteration does not comply with the district’s L.B.R. 3015- 1(b)(1) requirement that chapter 13 plans must substantially conform to L.B. Form 3015-1.1. The Court discussed the interaction between chapter 13 plan confirmation and claim allowance in chapter 13 cases. The Court concluded that the language appearing in the form plan, which Debtors sought to remove, was necessary to give full effect to both accelerated plan confirmation under BAPCPA and the provisions in the Code and the Rules governing allowance of claims.

Other published Bankruptcy Court opinions can be found here. Unpublished opinions can be found here.

Colorado Supreme Court Amends Appellate Rules Certificate of Compliance Form

The Colorado Supreme Court has amended Appendix A (Colorado Appellate Rules Special Forms Index) to Chapter 32 of the Colorado Court Rules. The rule change required Form 6, “Certificate of Compliance,” to be revised, and the new form has been provided by State Judicial. Practitioners should begin using the new form immediately.

The form is available in Adobe Acrobat (PDF) and Microsoft Word formats; this form is not yet available as Word template. Download the new form from State Judicial’s individual forms pages, or below.

Appeals

  • Form 6 – “Certificate of Compliance” (revised 9/11)

Click here to read the full release, Rule Change 2011(12), about this change to the Appellate Rules Forms by the Colorado Supreme Court.

Colorado Women’s Bar Association: October Activities

CWBA Mom’s Luncheon: Join the CWBA for this popular luncheon, tailored for working “moms.”  Meet other moms, and discuss and hear about achieving work/life balance.

October 6, 2011 from 11:30 am to 1:00 pm. Click here for registration information.

CWBA Membership Reception: Get more out of your CWBA membership – meet and get to know Board members and Committee Chairs, and learn more details about the work of the CWBA.  Network with friends and colleagues, and visit with other CWBA members.

October 18, 2011 from 5:30 to 7:30 pm. For more information or to register, contact the CWBA at (303) 831-1040 or execdir@cwba.org.

October CWBA Clothing Drive:  The CWBA Legal Services Committee is gearing up for its annual Professional Clothing Drive to benefit the Center for Work Education and Employment (CWEE). CWEE is a local non-profit organization that helps its members prepare for, find, and keep employment.  CWEE’s “First Impressions Boutique” helps members build a professional wardrobe for their entry into the workforce.

The Professional Clothing Drive will take place Monday, October 3, 2011 through Friday, October 14.

The CWBA has arranged drop-off locations in Cherry Creek, LoDo, Uptown, Edgewater, and DTC, but they need one more drop-off location in the Northern suburbs (preferably Broomfield, Northglenn, Westminster, or Boulder).  If your office is located in any of these areas, and you would be willing to serve as a drop off location and don’t mind dropping off donated items at CWEE (1175 Osage Street, Suite 300, Denver, Colorado 80204) at the end of the Clothing Drive, please email Shelly Kuennen at shelly@thekuennenlawfirm.com.

Questions about CWBA events or activities?  Contact them at (303) 831-1040, or execdir@cwba.org, or visit our website at www.cwba.org.

Tenth Circuit: Unpublished Opinions, 9/27/11

On Tuesday, September 27, 2011, the Tenth Circuit Court of Appeals issued no published opinions and nine unpublished opinions.

Unpublished

PAMA Ventures, LLC v. Wellens

United States v. Ayala

Wright v. Franklin

Harris v. Kammerzell

United States v. Soto-Munoz

Grede v. Astrue

United States v. Drayton

Kemp v. Sloam

United States v. Moya-Breton

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.