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10th Circuit

Manchester v. Funderburgh (In re Funderburgh)

Citation: 
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling: 
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the dismissal "with prejudice" of a duplicate adversary proceeding.
Judge(s): 
Michael, Romero, and Jacobvitz
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Hill v. Jankowski (In re Dey)

Citation: 
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling: 
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a trustee’s preference suit after the trustee filed a Rule 60(b) motion ...
Judge(s): 
Thurman, Cornish, Jacobvitz
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LTF Real Estate Co. v. Expert South Tulsa, LLC

Citation: 
10th Cir. BAP No. KS-14-009
Ruling: 
The BAP first held that the bankruptcy court did not abuse its discretion in granting summary judgment prior to the commencement of discovery, and EST failed to comply with the requirements of Fed. R. Civ. P. 56(d) in opposing the ...
Judge(s): 
Thurman, Chief Judge; Romero and Jacobvitz, Bankruptcy Judges. Opinion by Jacobvitz.
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Donner v. Nicklaus

Citation: 
Donner. v. Nicklaus, Appeal No. 13-4057 (10th Cir. February 19, 2015)
Ruling: 
The Court of Appeals reversed a district court decision dismissing misrepresentation and other claims, and found that creditor's settlement with debtor in bankruptcy did not constitute an inconsistent election of remedies.
Judge(s): 
Briscoe, Kelly, and Bacharach
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Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488

Citation: 
Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488; U.S. Court of Appeals for the Tenth Circuit
Ruling: 
The District Court's decision was affirmed. The 10th Circuit agreed that the untimely Form 1040s, filed after the IRS had assessed each debtor's tax liability, were not tax "returns" for purposes of the exceptions to discharge in 11 U.S.C. ...
Judge(s): 
Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
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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
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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.
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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
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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
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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
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