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10th Circuit

Lynch v. Malloy, III (In re Lynch)

Citation: 
Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
Ruling: 
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
Judge(s): 
Karlin, Jacobvitz, Mosier
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Miller v. State of Utah, et al.

Citation: 
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling: 
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages against the State of Utah, the Utah Division of Oil, Gas, and ...
Judge(s): 
Lucero, Gorsuch, McHugh
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Tripodi, Jr. v. Welch, et al.

Citation: 
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling: 
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be non-dischargeable under 11 U.S.C. § 523(a)(19).
Judge(s): 
Kelly, McKay, Phillips (Kelly)
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Anderson v. Seven Falls Co.

Citation: 
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling: 
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the trustee’s fees and expenses may not be merely a collateral ...
Judge(s): 
Briscoe, Lucero, McHugh
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Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

Citation: 
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling: 
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s): 
Briscoe, Murphy, Gorsuch (Murphy)
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FB Acquisition Property I, LLC v. Gentry (In re Gentry)

Citation: 
FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
Ruling: 
To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado law that a guarantor’s liability ...
Judge(s): 
Kelly, Hart, Gorsuch (Kelly)
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GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson)

Citation: 
GL3B Trust, et al. v. First Citizens Bank & Trust Co., et al. (In re Autterson), Case Nos. CO-14-063, CO-14-064 (BAP 10th Cir. November 6, 2015). Unpublished.
Ruling: 
Waiver can be express or, if clear and unambiguous conduct is present, implied and debtor’s conduct in ignoring the terms of the loan documents, as both lenders’ representatives and borrow, amounted to waiver of the interest provisions of the loan ...
Judge(s): 
Cornish, Nugent, Somers (Somers)
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Dampier, Jr. v. Credit Investment, Inc., et al (in re Dampier)

Citation: 
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling: 
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the validity and amount of a creditor’s claim. In determining whether to grant ...
Judge(s): 
Thurman, Jacobvitz, Hall (Thurman)
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GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson)

Citation: 
GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson), BAP No.CO-14-063 & BAP No.CO-14-064 (BAP 10th Cir. Nov. 6, 2015)
Ruling: 
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court (D. Colo.) granting in part a creditors' objection and reducing the allowed amount of two claims scheduled as undisputed by the debtor where the debtor was affiliated ...
Judge(s): 
Cornish, Nugent, Somers
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Lazzo, et al. v. Rose Hill Bank et al. (In re Schupbach Investments, L.L.C.)

Citation: 
Lazzo, et al. v. Rose HIll Bank, et al. (In re Schupbach Investments, L.L.C.), Case No. 14-3277 (10th Cir. November 3, 2015). Published.
Ruling: 
Approving retroactive employment of debtor’s professionals requires a showing of extraordinary circumstances and simple neglect will not justify nunc pro tunc approval. Upon confirmation of a plan and appointment of a liquidating trustee, a debtor’s status as debtor in ...
Judge(s): 
Tymkovich, Holmes, McHugh (Tymkovich)
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