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10th Circuit

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
Read on...

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
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Christensen v. Madsen (In re Madsen)

Citation: 
Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)
Ruling: 
The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice is fair, reasonable, and provides the debtor with due process.
Judge(s): 
Nugent, Romero, and Somers
Read on...

U.S.A v. Hale

Citation: 
No. 14-13-4099 (10th Cir. Aug. 12, 2014)
Ruling: 
The Tenth Circuit affirmed the debtor-appellant’s conviction for attempting to conceal an asset from the trustee in violation of 18 U.S.C. § 152(1) and perpetrating a hoax regarding the transmission of a biological agent in violation of 18 U.S.C. § ...
Judge(s): 
Lucero, Hartz, and Holmes.
Read on...

Thomas v. Federal National Mortgage (In re Thomas)

Citation: 
Thomas v. Fed. Nat’l Mortgage Ass’n, Case No. 13-6281 (10th Cir. July 29, 2014)
Ruling: 
Holder of promissory note made a sufficient showing that it had possession of the original note to confer standing to seek an order under 11 U.S.C. § 362(j).
Judge(s): 
Matheson, Ebel, Philips
Read on...

Cherry v. Neuschafer (In re Neuschafer)

Citation: 
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling: 
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except from discharge state court judgment on RICO, or attorney fees and ...
Judge(s): 
Romero, Jacobvitz, and Hall
Read on...

Weinman v. Walker (In re Adam Aircraft Indus., Inc.)

Citation: 
B.A.P. 10th Cir. (May 15, 2014)
Ruling: 
AFFIRMING the bankruptcy court's order denying a portion of the debtor's preference and fraudulent conveyance claims against the defendant.
Judge(s): 
Larking, Jacobvitz, and Hall.
Read on...
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