Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

10th Circuit

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
Read on...

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.
Read on...

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Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)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
Read on...

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.
Read on...

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...

Muth v. Muth (In re Muth)

Citation: 
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to debtor's former spouse. The case was dismissed for cause ...
Judge(s): 
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Read on...

C.W. Mining Co. v. Bank of Utah

Citation: 
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling: 
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a fully secured creditor could not be avoided pursuant to 11 U.S.C. ...
Judge(s): 
Mkovich, Brorby, and Murphy, Circuit Judges.
Read on...

Larson v. Sharp

Citation: 
B.A.P. 10th Cir. 13-053 (April 11, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of the trade. The Court ruled that the "gainful ...
Judge(s): 
Karlin, Jacobvitz, and Hall
Read on...

Borges v. AG New Mexico (In re Borges)

Citation: 
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling: 
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the legal description in prior mortgage but was not signed ...
Judge(s): 
Michael, Nugent, and Somers
Read on...

Willess v. US

Citation: 
Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)
Ruling: 
Appellant lacked standing to appeal dismissal of lower court action because his personal injury claim became property of the bankruptcy estate when he filed for chapter 7 bankruptcy protection and the trustee was the proper party to prosecute such claim.
Judge(s): 
Tymkovich, Anderson, Bacharach
Read on...
Syndicate content