The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

All summarized opinions

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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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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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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Thomas v. Federal National Mortgage Association (In re Thomas)

Citation: 
United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
Ruling: 
The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's factual findings under the "clearly erroneous" standard of review. ...
Judge(s): 
Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
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Rushton v. SMC Electrical Products, Inc (In re C.W. Mining Company)

Citation: 
United States Bankruptcy Appellate Panel of the Tenth Circuit, No. UT-13-026
Ruling: 
The BAP affirmed the bankruptcy court's ruling, on summary judgment, that the debt between the debtor and creditor-defendant was incurred in the ordinary course of the parties' businesses, and the alleged preferential payment was made in the ordinary course of ...
Judge(s): 
Cornish, Karlin, and Romero, Bankruptcy Judges. Opinion by Judge Karlin.
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