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10th Circuit

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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Rael v. Wells Fargo Bank (In re Rael)

Citation: 
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling: 
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the bankruptcy court.
Judge(s): 
Karlin, Somers, and Jacobvitz
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Wagner v. Wagner (In re Wagner)

Citation: 
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling: 
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore, affirmed its decision.
Judge(s): 
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)
Ruling: 
BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor appellant had not obtained stay, sale of coins had occurred ...
Judge(s): 
Thurman, Michael, Karlin
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Barnes v. Harris

Citation: 
Barnes v. Harris, __ F.3d __, 2015 WL 1786861 (10th Cir. April 21, 2015)
Ruling: 
Dismissal of shareholders' action against officers and directors of failed bank holding company for breach of fiduciary duty was affirmed as all claims were either derivative or insufficient to state a claim.
Judge(s): 
Lucerno, Murphy, and McHugh
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Dalzell v. RP Steamboat Springs, LLC

Citation: 
Dalzell, et al. v. RP Steamboat Springs, LLC, et al., No. 13-1440 (10th Cir. Mar. 24, 2015)
Ruling: 
The 10th Circuit, voting 2-1 (J. Lucero dissenting), affirmed the judgment of the U.S. District Court (D. Colo.) finding that developer of master-planned subdivision was not liable under the Interstate Land Sales Full Disclosure Act because the master developer neither ...
Judge(s): 
Lucero, Murphy, and McHugh
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