Home » 10th Circuit

Hill v. Jankowski (In re Dey)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
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...
Judge(s):
Thurman, Cornish, Jacobvitz
Tag(s):

Donner v. Nicklaus

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 9 years 2 months ago
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...
Judge(s):
Briscoe, Kelly, and Bacharach
Tag(s):

Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 9 years 3 months ago
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...
Judge(s):
Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
Tag(s):

LTF Real Estate Co v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 9 years 4 months ago
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...
Judge(s):
Thurman, Romero, Jacobvitz
Tag(s):

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...
Judge(s):
Michael, Romero, and Jacobvitz.
Tag(s):

Citizens Bank & Trust v. Security First Insurance Holdings, LLC (In re Brooke Capital Corp.)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 9 years 4 months ago
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...
Judge(s):
Kelly, Lucero, and Matheson
Tag(s):

Lundahl v. Halabi

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 4 months ago
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...
Judge(s):
McHugh, McKay, O'Brien
Tag(s):

Williamson v. Murray (In re Murray)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 9 years 5 months ago
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...
Judge(s):
KELLY, LUCERO, and HARTZ, Circuit Judges
Tag(s):

Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 5 months ago
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....
Judge(s):
Holmes, Bacharach, McHugh
Tag(s):

Brock v. Glasser (In re Brock)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 6 months ago
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,...
Judge(s):
Kelly, Porfilio, and Matheson
Tag(s):

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