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10th Circuit

Clabaugh v. Grant (In re Grant)

Citation: 
Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
Ruling: 
Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised within the confines of the Bankruptcy Code and the ...
Judge(s): 
Matheson, McKay, O’Brien
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Aquila, Inc. v. C.W. Mining Company

Citation: 
No. 16-4000 (D.C. No. 2:05-CV-00555-TC)
Ruling: 
Appeal dismissed for lack of standing.
Judge(s): 
HOLMES, BALDOCK, and MORITZ,
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Rindlesbach v. Jones (In re Rindlesbach)

Citation: 
Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
Ruling: 
A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely affected pecuniarily by the decree or ...
Judge(s): 
Hartz, O’Brien, Phillips
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Rajala v. Gardner

Citation: 
Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
Ruling: 
The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor, future, nonpossessory, contingent, speculative, ...
Judge(s): 
Gorsuch, Ebel, Bacharach
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J&R Investment v. Anthony (In re Anthony)

Citation: 
J&R Investment v. Anthony (In re Anthony), Case No. 15-4161 (10th Cir. Aug. 29, 2016)
Ruling: 
Bankruptcy court did not err in its determination that (1) plaintiff did not meet is prima facie case for revocation of discharge, (2) that the burden of persuasion did not shift to the defendant upon presentation of a prima facie ...
Judge(s): 
Hartz, Murphy, and Phillips
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Diamond v. Vickery

Citation: 
Diamond v. Vickery, No. 15-1069 (10th CIr. AUgust 19, 2016)
Ruling: 
Determination as to dischargeability of debt was not yet final appealable order because of pending remand from district court as to other issues.
Judge(s): 
Kelly, Matheson, and Moritz
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Hatfield v. Thompson (In re Thompson)

Citation: 
Hatfield v. Thompson, (In re Thompson), Case No. WO-15-027 (B.A.P. 10th Cir. August 19, 2016). Published
Ruling: 
A debt proven under state law on grounds other than fraud can be excepted from discharge under the actual fraud provision of § 523(a)(2)(A) and to establish that a debt is excepted from discharge based on actual fraud, the creditor ...
Judge(s): 
Romero, Jacobvitz, Mosier (Jacobvitz)
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Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling: 
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised in the Federal Court as long as such claims ...
Judge(s): 
Briscoe, Bacharach, McHugh
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Rich Dad Operating Co., LLC v. Zubrod, et al. (In re Rich Global, LLC)

Citation: 
Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)
Ruling: 
An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose formal sale ...
Judge(s): 
Briscoe, Lucero, Phillips
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Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling: 
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s): 
Birscoe, Lucero, Phillips
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