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10th Circuit

Mid-South Iron Workers Welfare Plan, et al. v. Harmon

Citation: 
No. 15-6064 (10th Cir. Apr. 13, 2016)
Ruling: 
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit agreed that under Rule 12(b)(6) the trial court could take ...
Judge(s): 
Gorsuch, McKay, Bacharach
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Arnold, et al. v. Arnold (In re Arnold)

Citation: 
Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
Ruling: 
In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc., but follows state law.
Judge(s): 
Karlin, Cornish, Michael (Cornish)
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Arnold, et al. v. Arnold (In re Arnold)

Citation: 
Arnold, et al. v. Arnold (In re Arnold), Case No. CO-15-031 (10th Cir. B.A.P. March 15, 2016) (unpublished)
Ruling: 
The bankruptcy court was not bound to apply Johnson v. Georgia Highway Express factors in awarding attorneys' fees based upon Colorado civil theft statute, not section 330. The facts and record supported a finding of reasonableness under the correct ...
Judge(s): 
Karlin, Cornish, Michael
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney (In re Lane), Case No. WY-15-023 (BAP 10th Cir. March 7, 2016). Published.
Ruling: 
Monetary sanctions are appropriate in chapter 7 case where Debtor interferes with estate administration and appears that he has the ability to pay such sanctions. The sanctions will be paid from any surplus from estate prior to any distribution to ...
Judge(s): 
Karlin, Cornish, Michael (Karlin)
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Clabaugh v. Grant (In re Grant)

Citation: 
No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).
Ruling: 
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
Judge(s): 
Karlin, Cornish, and Michael.
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Clabaugh v. Grant (In re Grant)

Citation: 
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling: 
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating from that nondischargeable debt. Additionally, the Bankruptcy Code does not ...
Judge(s): 
Karlin, Cornish, Michael (Karlin)
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Lynch v. Malloy, III (In re Lynch)

Citation: 
Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
Ruling: 
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
Judge(s): 
Karlin, Jacobvitz, Mosier
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Miller v. State of Utah, et al.

Citation: 
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling: 
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages against the State of Utah, the Utah Division of Oil, Gas, and ...
Judge(s): 
Lucero, Gorsuch, McHugh
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Tripodi, Jr. v. Welch, et al.

Citation: 
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling: 
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be non-dischargeable under 11 U.S.C. § 523(a)(19).
Judge(s): 
Kelly, McKay, Phillips (Kelly)
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Anderson v. Seven Falls Co.

Citation: 
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling: 
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the trustee’s fees and expenses may not be merely a collateral ...
Judge(s): 
Briscoe, Lucero, McHugh
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