The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

10th Circuit

LNV Corporation v. M. Julia Hook, et al.

Citation: 
LNV Corporation v. Hook, et al., No. 14-1438 & 15-1022 (10th Cir. Aug. 19, 2015)
Ruling: 
The 10th Circuit affirmed the ruling of the district court (D. Colo.) denying plaintiff's emergency motion for temporary restraining order and/or a preliminary injunction, and request for evidentiary hearing. Pro se plaintiff, an attorney, The 10th Circuit found no reversible ...
Judge(s): 
Holmes, Matheson, Bacharach
Read on...

Bank of Commerce & Trust Co. v. Schupbach

Citation: 
Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.
Ruling: 
Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.
Judge(s): 
Briscoe, McKay, Phillips (McKay)
Read on...

Jubber v. SMC Electrical Products, Inc. (In re C.W. Mining Co.)

Citation: 
Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.
Ruling: 
The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation to the debtor’s and creditor’s past practices ...
Judge(s): 
Kelly, Lucero, Hartz (Hartz)
Read on...

Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
Ruling: 
While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since it is an independent cause of action, the principles of issue preclusion did since ...
Judge(s): 
Michael, Karlin, Hall (Michael)
Read on...

Kansas Ins. Guaranty Assoc. v. FDIC

Citation: 
2015 WL 4647980 (10th Cir. Aug. 6, 2015) (Case Nos. 14-3063, 14-3064)
Ruling: 
The Tenth Circuit affirmed the district court's summary judgment ruling in favor of the plaintiff, BancInsure. Applying Kansas law, the Court held that the "insured v. insured" exclusion in the policy, which (among other things) explicitly barred coverage for claims ...
Judge(s): 
Kelly, Holmes, and McHugh, Circuit Judges.
Read on...

Brumfiel v. U.S. Bank, et al.

Citation: 
Case No. 14-1421, United States Court of Appeals for the 10th Circuit
Ruling: 
Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure, and Debtor's claims for money damages were property of her bankruptcy ...
Judge(s): 
Matheson, Bacharach, and Moritz, Circuit Judges.
Read on...

Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling: 
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property does not retain an interest in property in ...
Judge(s): 
Cornish, Karlin, Jacobvitz (Karlin)
Read on...

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

Citation: 
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling: 
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC 544(b) and UFTA, as applied under Oklahoma law, ...
Judge(s): 
Thurman, Michael, Romero
Read on...

Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

Citation: 
Loveridge v. Hall, et al. (In re Renewable Energy Dev. Corp.), Case No. 14-4001 (10th Cir. July 10, 2015). Published.
Ruling: 
Parties have the Constitutional right to have an Article III judge make a final judgment when plaintiff seeks recovery only under state law and when none of the claims necessarily involve the claims allowance process and the District Court cannot ...
Judge(s): 
Tymkovich, Gorsuch, Phillips (Gorsuch)
Read on...

Jones, Jr. v. Castellucci

Citation: 
Jones, Jr. v. Castellucci, , No. 14-8060 (10th Cir. July, 6, 2015)
Ruling: 
The Tenth Circuit affirmed the district court's (D. Colo.) grant of summary judgment in favor of plaintiff and the district court's denial of post-judgment motion to reconsider. The Tenth Circuit agreed that disputed term in settlement agreement did require defendant ...
Judge(s): 
Matheson, Bacharach, Moritz
Read on...
Syndicate content