Egbune v. Kiel (In re Egbune)

Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
Cooley-Linder et al v. Behrends (In re Behrends), Case No 15-1420 (10th Cir. Nov. 14, 2016)
Ruling:
Judgment of bankruptcy court finding that damages awarded against debtor in an arbitration award and affirmed by the Denver state district court based on violations of securities laws were...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Rupp v. Pearson

Citation:
Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
Ruling:
It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
Judge(s):
Tymkovich, Hartz, Phillips
Tag(s):

Scott v. King (In re Amerson)

Citation:
Scott v. King (In re Amerson), Case No. 15-1343 (10th Cir. Oct. 28, 2016)
Ruling:
The exclusion from the bankruptcy estate of an interest in a spendthrift trust under 541(c)(2) is permissive and not mandatory and it is a debtor's choice whether or not to include such interest in...
Judge(s):
Kelly, Briscoe, Gorsuch
Tag(s):

Clabaugh v. Grant (In re Grant)

Citation:
Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
Ruling:
Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...
Judge(s):
Matheson, McKay, O’Brien
Tag(s):

Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

Citation:
Rhino Energy LLC, et al. v. C.O.P Coal Dev. Co., et al. (In re C.W. Mining Co.), Case No. 15-4108 (10th Cir. September 16, 2016).
Ruling:
A District Court’s order is not final if it remands a case to the Bankruptcy Court for significant further proceedings and thus, the 10th Circuit does not have appellate jurisdiction. To qualify...
Judge(s):
Phillips, McHugh, Moritz
Tag(s):

Rajala v. Gardner

Citation:
Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
Ruling:
The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor,...
Judge(s):
Gorsuch, Ebel, Bacharach
Tag(s):

Rindlesbach v. Jones (In re Rindlesbach)

Citation:
Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
Ruling:
A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely...
Judge(s):
Hartz, O’Brien, Phillips
Tag(s):

J&R Investment v. Anthony (In re Anthony)

Citation:
J&R Investment v. Anthony (In re Anthony), Case No. 15-4161 (10th Cir. Aug. 29, 2016)
Ruling:
Bankruptcy court did not err in its determination that (1) plaintiff did not meet is prima facie case for revocation of discharge, (2) that the burden of persuasion did not shift to the defendant...
Judge(s):
Hartz, Murphy, and Phillips
Tag(s):

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