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10th Circuit

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.
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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Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)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)
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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
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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)
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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
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Mbaku, et al. v. Bank of America, et al.

Citation: 
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling: 
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure on plaintiffs' condo. Tenth Circuit agreed with district court (D. Colo.) ruling ...
Judge(s): 
Briscoe, McKay, Phillips
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Redmond v. Jenkins and Cimarron Energy Co., LLC (In re Alternate Fuels, Inc.)

Citation: 
Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.
Ruling: 
Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th Circuit’s 13-factor recharacterization test enunciated in In re Hedged-Investments Assocs., ...
Judge(s): 
Kelly, Baldock, Phillips; Phillips Dissenting
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Gordon v. Wadsworth (In re Gordon)

Citation: 
Gordon, et al. v. Wadsworth, Case No. 14-1257 (10th Cir. June 26, 2015) (published)
Ruling: 
Balance of funds paid out of retirement plan that was in debtors’ savings account on the petition date is not exempt under Colorado’s exemption statute - C.R.S. § 13-54-102(1(s).
Judge(s): 
Hartz, Gorsuch, Matheson
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Allen v. Absher (In re Allen)

Citation: 
Allen v. Absher, et al. (In re Allen), No. 14-1242 (10th Cir. May 27, 2015)
Ruling: 
The 10th Circuit affirmed the U.S. District Court for the District of Colorado, which affirmed the bankruptcy court's order approving the sale of debtor's stock in two oil companies to a creditor. The 10th Circuit found that debtor had not ...
Judge(s): 
Briscoe, Lucero, Matheson
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Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor)

Citation: 
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling: 
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter 13 case to chapter 7. BAP affirmed bankruptcy court's ruling ...
Judge(s): 
Nugent, Somers, Jacobvitz
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