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10th Circuit

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

Citation: 
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling: 
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was valueless, but company (through principal) then asserted in suit that ...
Judge(s): 
Kelly, Ebel, and Bacharach
Read on...

Vaughn v. U.S.A. I.R.S. (In re Vaughn)

Citation: 
No. 13-1189 (10th Cir. Aug. 26, 2014)
Ruling: 
AFFIRMING the district court, a three judge panel of the Tenth Circuit held that the bankruptcy court’s finding that the Debtor willfully evaded his tax obligations was not clearly erroneous. The bankruptcy court supported its finding with several facts, ...
Judge(s): 
Tymkovich, McKay, Matheson
Read on...

Christensen v. Madsen (In re Madsen)

Citation: 
Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)
Ruling: 
The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice is fair, reasonable, and provides the debtor with due process.
Judge(s): 
Nugent, Romero, and Somers
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U.S.A v. Hale

Citation: 
No. 14-13-4099 (10th Cir. Aug. 12, 2014)
Ruling: 
The Tenth Circuit affirmed the debtor-appellant’s conviction for attempting to conceal an asset from the trustee in violation of 18 U.S.C. § 152(1) and perpetrating a hoax regarding the transmission of a biological agent in violation of 18 U.S.C. § ...
Judge(s): 
Lucero, Hartz, and Holmes.
Read on...

Thomas v. Federal National Mortgage (In re Thomas)

Citation: 
Thomas v. Fed. Nat’l Mortgage Ass’n, Case No. 13-6281 (10th Cir. July 29, 2014)
Ruling: 
Holder of promissory note made a sufficient showing that it had possession of the original note to confer standing to seek an order under 11 U.S.C. § 362(j).
Judge(s): 
Matheson, Ebel, Philips
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Cherry v. Neuschafer (In re Neuschafer)

Citation: 
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling: 
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except from discharge state court judgment on RICO, or attorney fees and ...
Judge(s): 
Romero, Jacobvitz, and Hall
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Weinman v. Walker (In re Adam Aircraft Indus., Inc.)

Citation: 
B.A.P. 10th Cir. (May 15, 2014)
Ruling: 
AFFIRMING the bankruptcy court's order denying a portion of the debtor's preference and fraudulent conveyance claims against the defendant.
Judge(s): 
Larking, Jacobvitz, and Hall.
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David v. Pham (In re Nguyen)

Citation: 
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)
Ruling: 
A transfer by quit claim deed for no consideration of real property in which Debtor holds only bare legal title is not avoidable under § 548 since the conveyance was not a transfer of an interest of Debtor in property.
Judge(s): 
Thurman, Cornish, Mosier
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Peterson v. Wyo. Country Builders, LLC (In re Wyo. Country Builders, LLC).

Citation: 
No. WY-13-060 (10th Cir. B.A.P. May 7, 2014)
Ruling: 
The B.A.P. affirmed the bankruptcy court’s award of attorney’s fees and costs against the appellant pursuant to 11 U.S.C. § 303(i).
Judge(s): 
Thurman, Cornish, and Michael.
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Knaub v. Rollison (In re Rollison)

Citation: 
Knaub v. Rollison, No. 13-1503 (10th Cir. May 9, 2014)
Ruling: 
Tenth Circuit ruled that it lacked jurisdiction to review appeal of BAP's reversal and remand order. Tenth Circuit ruled that because BAP remanded to bankruptcy court to take evidence and rule on unconsidered damages issue, reversal and remand order was ...
Judge(s): 
Holmes, Anderson, and Baldock
Read on...
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