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10th Circuit

LTF Real Estate Co v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)

Citation: 
In re Expert South Tulsa, LLC, 2014 WL 6845675 (10th Cir. BAP December 4, 2014)
Ruling: 
Escrow fund established pre-petition to guarantee completion of site improvements on real estate was not included in property of the estate, but bankruptcy court erred in sua sponte dismissal of debtor's avoidance claims. Affirmed in part and reversed in part.
Judge(s): 
Thurman, Romero, Jacobvitz
Read on...

Rose Hill Bank v. Lazzo (In re Schupbach Investments, LLC)

Citation: 
No. KS-13-077 (10th Cir. B.A.P. Nov. 25, 2014)
Ruling: 
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing of “extraordinary circumstances;” mere inadvertence or neglect in making ...
Judge(s): 
Michael, Romero, and Jacobvitz.
Read on...

Citizens Bank & Trust v. Security First Insurance Holdings, LLC (In re Brooke Capital Corp.)

Citation: 
Citizens Bank & Trust v. Security First Insurance Holdings, LLC (in re Brooke Capital Corp.), __ Fed. Appx. __, 2014 WL 6873180 (10th Cir. December 8, 2014)
Ruling: 
In a priority dispute between lenders, those holding participation interests in a loan secured by stock were subject to the recharacterization of their participation interest as loans, which rendered their claims unsecured security interests subordinate to claim of a competing ...
Judge(s): 
Kelly, Lucero, and Matheson
Read on...

Lundahl v. Halabi

Citation: 
Lundahl v. Halabi, et al., Nos. 14-8000 & 14-8002 (10th Cir. Dec. 3, 2014)
Ruling: 
The Tenth Circuit affirmed the rulings of the U.S. District Court (Wyoming) imposing sanctions and filing restrictions against plaintiff and criminal contempt against defendant, who appeared to be aligned with or invented by plaintiff to defeat diversity jurisdiction. The ...
Judge(s): 
McHugh, McKay, O'Brien
Read on...

Brock v. Glasser (In re Brock)

Citation: 
Brock v. Glasser (In re Brock), Nos. 14-1040 & 14-1057 (10th Cir. Oct. 16, 2014)
Ruling: 
The 10th Circuit reversed the BAP for the 10th Circuit after the BAP affirmed the bankruptcy court. The Tenth Circuit ruled that based on Colorado law, and the Restatement (Second) of Trusts, debtors, as beneficiaries, trustees, and settlors of revocable ...
Judge(s): 
Kelly, Porfilio, and Matheson
Read on...

Williamson v. Murray (In re Murray)

Citation: 
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling: 
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to a Kansas statute permitting debtors in bankruptcy to exempt ...
Judge(s): 
KELLY, LUCERO, and HARTZ, Circuit Judges
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Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan)

Citation: 
Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan), Nos. 14-6006 & 14-6007 (10th Cir. Nov. 13, 2014)
Ruling: 
The 10th Circuit affirmed the U.S. District Court (W.D. Okla.) decision affirming the bankruptcy court's order limiting the scope of the interpleader relief granted in two interpleader actions. Tenth Circuit agreed that federal interpleader statute, 28 USC 1335, only allowed ...
Judge(s): 
Holmes, Bacharach, McHugh
Read on...

Miller v. United States Trustee (In re Miller)

Citation: 
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling: 
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just income both earned and received during ...
Judge(s): 
Nugent, Karlin, Somers
Read on...

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...
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