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10th Circuit

Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling: 
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised in the Federal Court as long as such claims ...
Judge(s): 
Briscoe, Bacharach, McHugh
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Rich Dad Operating Co., LLC v. Zubrod, et al. (In re Rich Global, LLC)

Citation: 
Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)
Ruling: 
An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose formal sale ...
Judge(s): 
Briscoe, Lucero, Phillips
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Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling: 
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s): 
Birscoe, Lucero, Phillips
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Lane v. Lane

Citation: 
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling: 
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...
Judge(s): 
Lucero, Matheson, Bacharach (Lucero)
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Mid-South Iron Workers Welfare Plan, et al. v. Harmon

Citation: 
No. 15-6064 (10th Cir. Apr. 13, 2016)
Ruling: 
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit agreed that under Rule 12(b)(6) the trial court could take ...
Judge(s): 
Gorsuch, McKay, Bacharach
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Arnold, et al. v. Arnold (In re Arnold)

Citation: 
Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
Ruling: 
In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc., but follows state law.
Judge(s): 
Karlin, Cornish, Michael (Cornish)
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Arnold, et al. v. Arnold (In re Arnold)

Citation: 
Arnold, et al. v. Arnold (In re Arnold), Case No. CO-15-031 (10th Cir. B.A.P. March 15, 2016) (unpublished)
Ruling: 
The bankruptcy court was not bound to apply Johnson v. Georgia Highway Express factors in awarding attorneys' fees based upon Colorado civil theft statute, not section 330. The facts and record supported a finding of reasonableness under the correct ...
Judge(s): 
Karlin, Cornish, Michael
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney (In re Lane), Case No. WY-15-023 (BAP 10th Cir. March 7, 2016). Published.
Ruling: 
Monetary sanctions are appropriate in chapter 7 case where Debtor interferes with estate administration and appears that he has the ability to pay such sanctions. The sanctions will be paid from any surplus from estate prior to any distribution to ...
Judge(s): 
Karlin, Cornish, Michael (Karlin)
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Clabaugh v. Grant (In re Grant)

Citation: 
No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).
Ruling: 
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
Judge(s): 
Karlin, Cornish, and Michael.
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Clabaugh v. Grant (In re Grant)

Citation: 
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling: 
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating from that nondischargeable debt. Additionally, the Bankruptcy Code does not ...
Judge(s): 
Karlin, Cornish, Michael (Karlin)
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