10th Circuit

Goddard v. Heldt (In re Heldt)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 4 days 5 hours ago
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Citation: 
No. 12-6027 (10th Cir. May 14, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...
Judge(s): 
Lucero, Anderson, and Baldock, Circuit Judges.
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Bank of Cordell v. Sturgeon (In re Sturgeon)

Summarized by Steven T. Mulligan, Bieging Shapiro & Barber LLP 5 days 5 hours ago
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Citation: 
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling: 
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create a contrived and misleading understanding of a transaction, in which a creditor is wrongfully ...
Judge(s): 
Nugent, Romero, Jacobvitz
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Lofstedt v. Kendall (In re Kendall)

Summarized by Brandon Bickle, GableGotwals 1 week 5 days ago
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Citation: 
10th Cir. BAP, Case No. CO-12-070
Ruling: 
The bankruptcy court's order was affirmed. The appellants challenged the order based on nothing more than the bankruptcy court's findings concerning the debtor's solvency. According to the appellants, the bankruptcy court relied upon experts that used the wrong ...
Judge(s): 
Thurman, Cornish, and Nugent
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Cook v. Wells Fargo Bank, N.A. (In re Cook)

Summarized by Steven T. Mulligan, Bieging Shapiro & Barber LLP 6 weeks 5 days ago
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Citation: 
Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)
Ruling: 
Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not applicable in this case. Also, § 362(k) creates a ...
Judge(s): 
Lucero, Porfilio, Matheson
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Schoppe v. Commissioner of Internal Revenue

Summarized by Eric Madden, Diamond McCarthy LLP 7 weeks 4 days ago
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Citation: 
Schoppe v. Comm'r of Internal Revenue, No. 12-9010, slip op. (10th Cir. Mar. 28, 2013)
Ruling: 
The Tenth Circuit ruled that the automatic stay under 11 U.S.C. § 362(a)(1) does not apply to a proceeding commenced by the debtor-taxpayer’s petition filed in Tax Court, including any appeal from rulings in the underlying proceeding. Adopting the ...
Judge(s): 
The panel consisted of Judges O'Brien, McKay, and Baldock. Judge McKay authored the opinion for the Court.
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Staker v. Jubber (In re Staker)

Summarized by Geoffrey Miller, U.S. Bankruptcy Court for the District of Arizona, Phoenix 8 weeks 5 days ago
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Citation: 
Staker v. Jubber (In re Staker), Bankr. No. 11-35404, Adv. No. 12-02032 (10th Cir. B.A.P. Mar. 19, 2013) [Not for Publication]
Ruling: 
Dismissing the appeals of the Bankruptcy Court’s orders remanding two quiet title actions to state court, the Tenth Circuit B.A.P. held the appeals were moot and the Debtors lacked the requisite standing to appeal the Bankruptcy Court’s orders. The B.A.P. ...
Judge(s): 
Cornish, Michael and Jacobvitz, Bankruptcy Judges
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Sweeden v. Bertola (In re Bertola)

Summarized by Steven T. Mulligan, Bieging Shapiro & Barber LLP 9 weeks 1 day ago
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Citation: 
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)
Ruling: 
A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under Colorado’s “proceeds statute.” All that is required is ...
Judge(s): 
Karlin, Somers, and Mosier (sitting by designation).
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Diamond v. Vickery (In re Vickery)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 9 weeks 3 days ago
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Citation: 
No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
Ruling: 
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required to establish a false representation to prevail on his claim for ...
Judge(s): 
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
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Nordin v. Galaba (In re Nordin)

Summarized by Alexander Nicas, LL.M. in Bankruptcy Candidate, St. John's University School of Law 9 weeks 5 days ago
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Citation: 
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling: 
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was proceeding in good faith. Instead, there was ...
Judge(s): 
Karlin, Somers, Mosier
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Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 9 weeks 6 days ago
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Citation: 
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling: 
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC Section 523(a)(2)(A) and denied debtor fees under Section ...
Judge(s): 
Michael, Romero and Tallman, Bankruptcy Judges.
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