10th Circuit

C.W. Mining Co. v. Bank of Utah

Citation: 
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling: 
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a fully secured creditor could not be avoided pursuant to 11 U.S.C. ...
Judge(s): 
Mkovich, Brorby, and Murphy, Circuit Judges.
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Larson v. Sharp

Citation: 
B.A.P. 10th Cir. 13-053 (April 11, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of the trade. The Court ruled that the "gainful ...
Judge(s): 
Karlin, Jacobvitz, and Hall
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Borges v. AG New Mexico (In re Borges)

Citation: 
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling: 
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the legal description in prior mortgage but was not signed ...
Judge(s): 
Michael, Nugent, and Somers
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Willess v. US

Citation: 
Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)
Ruling: 
Appellant lacked standing to appeal dismissal of lower court action because his personal injury claim became property of the bankruptcy estate when he filed for chapter 7 bankruptcy protection and the trustee was the proper party to prosecute such claim.
Judge(s): 
Tymkovich, Anderson, Bacharach
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Redmond v. Cimarron Energy Co., LLC (In re Alternate Fuels, Inc.)

Citation: 
BAP No. KS-12-110 (10th B.A.P. Mar. 18, 2014)
Ruling: 
The Tenth Circuit BAP affirmed the bankruptcy court’s decision to recharacterize as equity investments the approximately $4.3 million claims.
Judge(s): 
Thurman, Cornish, and Mosier.
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Saracino v. Northpark East Assoc. (In re Saracino)

Citation: 
Saracino v. Northpark East Assoc. (In re Saracino), BAP No. CO-13-031 (10th Cir. BAP March 14, 2014)
Ruling: 
The bankruptcy appellate panel affirmed a decision dismissing the debtor's motion for contempt, finding insufficient evidence of any willful violations of the automatic stay.
Judge(s): 
Michael, Nugent, and Somers
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Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation: 
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling: 
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a reasonable margin. Court held that when a creditor is not ...
Judge(s): 
Judge Michael, Judge Jacobvitz, and Judge Marker
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Williamson v. Murray (In re Murray)

Citation: 
Williamson v. Murray (In re Murray), Case No. KS-13-034; Baer v. Beach (In re Beach), Case No. KS-13-037 (B.A.P. 10th Cir. March 4, 2014) (published)
Ruling: 
Chapter 7 trustees’ strong arm rights and powers apply to property of the estate, but do not extend to property specifically exempted by state law and determined to be an integral part of a debtor’s fresh start. Further, the ...
Judge(s): 
Thurman, Cornish, Mosier (Cornish)
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Gordon v. Bank of America, N.A. (In re Gordon)

Citation: 
Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
Ruling: 
Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his bankruptcy case. Therefore, the 10th ...
Judge(s): 
Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
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Mitchell v. Weinman, et al. (In re Mitchell)

Citation: 
2014 WL 541877
Ruling: 
The Court of Appeals rejected debtors' objections that underlying settlement conceding involuntary bankruptcy was void under FRCP 60(b)(4) because requirements for involuntary bankruptcy under 11 USC 303(b)(1) were not jurisdictional. Corporate debtor's objections on this basis were specifically denied ...
Judge(s): 
Lucero, Baldock, Brorby
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