Topic: Bankruptcy Litigation

Staker v. Jubber (In re D. Staker)

Citation: 
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling: 
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property in their demand for relief. The objecting ...
Judge(s): 
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
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Goddard v. Heldt (In re Heldt)

Citation: 
No. 12-6027 (10th Cir. May 14, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...
Judge(s): 
Lucero, Anderson, and Baldock, Circuit Judges.
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Bank of Cordell v. Sturgeon (In re Sturgeon)

Citation: 
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling: 
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create a contrived and misleading understanding of a transaction, in which a creditor is wrongfully ...
Judge(s): 
Nugent, Romero, Jacobvitz
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Sharma v. Salcido (In re Sharma)

Citation: 
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling: 
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's allegations to support determination of liability. BAP further affirmed the ...
Judge(s): 
Markell, Taylor, Montali (9th Cir. BAP)
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Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Citation: 
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling: 
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...
Judge(s): 
King, Higginbotham, and Clement.
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Soto v. Doral Bank (In re Soto)

Citation: 
BAP NO. PR 12-075
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not comply with 521(a) of the code. 521(a) requires debtors to submit ...
Judge(s): 
Haines, Feeney, Hoffman
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Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

Citation: 
Cawley v. Celeste (In re Athens/Alpha Gas Corp.), No. 12-1555 (8th Cir. May 9, 2013)
Ruling: 
Because the judgment of the Supreme Court of North Dakota, holding that the appellant's claims were barred, satisfied the elements of North Dakota's res judicata doctrine, the full faith and credit statute (28 U.S.C. § 1738) required the Eight Circuit ...
Judge(s): 
RILEY, COLLOTON, GRUENDER. Opinion by COLLOTON.
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Hathorn v. Petty (In re Petty)

Citation: 
8th Cir. BAP, Case No. 13-6002 (May 8, 2013)
Ruling: 
REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP ruled that because debtor did not notify creditors of the bankruptcy ...
Judge(s): 
8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)
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Crumpton v. Stephens (In re Northlake Foods, Inc.)

Citation: 
Case No. 12-15603 (11th Cir. May 6, 2013)
Ruling: 
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability after an S corporation election was valid and not a ...
Judge(s): 
Tjoflat, Martin and Jordan
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Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

Citation: 
Bank of the West v. Damon Pursell Construction Company (In re Damon Pursell Construction Co.), Case No. 13-6015
Ruling: 
The BAP affirmed the decision of the bankruptcy court granting summary judgment in favor of Bank of the West ("BOW") and rejecting National Bank of Kansas City's ("NBKC") request for equitable relief, and ruling that BOW had a first priority ...
Judge(s): 
Kressel, Schermer, and Nail
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