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10th Circuit

Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor)

Citation: 
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling: 
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter 13 case to chapter 7. BAP affirmed bankruptcy court's ruling ...
Judge(s): 
Nugent, Somers, Jacobvitz
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Rael v. Wells Fargo Bank (In re Rael)

Citation: 
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling: 
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the bankruptcy court.
Judge(s): 
Karlin, Somers, and Jacobvitz
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Wagner v. Wagner (In re Wagner)

Citation: 
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling: 
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore, affirmed its decision.
Judge(s): 
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)
Ruling: 
BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor appellant had not obtained stay, sale of coins had occurred ...
Judge(s): 
Thurman, Michael, Karlin
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Barnes v. Harris

Citation: 
Barnes v. Harris, __ F.3d __, 2015 WL 1786861 (10th Cir. April 21, 2015)
Ruling: 
Dismissal of shareholders' action against officers and directors of failed bank holding company for breach of fiduciary duty was affirmed as all claims were either derivative or insufficient to state a claim.
Judge(s): 
Lucerno, Murphy, and McHugh
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Dalzell v. RP Steamboat Springs, LLC

Citation: 
Dalzell, et al. v. RP Steamboat Springs, LLC, et al., No. 13-1440 (10th Cir. Mar. 24, 2015)
Ruling: 
The 10th Circuit, voting 2-1 (J. Lucero dissenting), affirmed the judgment of the U.S. District Court (D. Colo.) finding that developer of master-planned subdivision was not liable under the Interstate Land Sales Full Disclosure Act because the master developer neither ...
Judge(s): 
Lucero, Murphy, and McHugh
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Manchester v. Funderburgh (In re Funderburgh)

Citation: 
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling: 
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the dismissal "with prejudice" of a duplicate adversary proceeding.
Judge(s): 
Michael, Romero, and Jacobvitz
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Hill v. Jankowski (In re Dey)

Citation: 
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling: 
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a trustee’s preference suit after the trustee filed a Rule 60(b) motion ...
Judge(s): 
Thurman, Cornish, Jacobvitz
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LTF Real Estate Co. v. Expert South Tulsa, LLC

Citation: 
10th Cir. BAP No. KS-14-009
Ruling: 
The BAP first held that the bankruptcy court did not abuse its discretion in granting summary judgment prior to the commencement of discovery, and EST failed to comply with the requirements of Fed. R. Civ. P. 56(d) in opposing the ...
Judge(s): 
Thurman, Chief Judge; Romero and Jacobvitz, Bankruptcy Judges. Opinion by Jacobvitz.
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Donner v. Nicklaus

Citation: 
Donner. v. Nicklaus, Appeal No. 13-4057 (10th Cir. February 19, 2015)
Ruling: 
The Court of Appeals reversed a district court decision dismissing misrepresentation and other claims, and found that creditor's settlement with debtor in bankruptcy did not constitute an inconsistent election of remedies.
Judge(s): 
Briscoe, Kelly, and Bacharach
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