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Topic: Venue/Jurisdiction

Diamond v. Vickery

Citation: 
Diamond v. Vickery, No. 15-1069 (10th CIr. AUgust 19, 2016)
Ruling: 
Determination as to dischargeability of debt was not yet final appealable order because of pending remand from district court as to other issues.
Judge(s): 
Kelly, Matheson, and Moritz
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Roberts v. TriPlanet Partners LLC et al.

Citation: 
15-2326
Ruling: 
The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated defiance of court orders and (2) finding that the Defendants ...
Judge(s): 
Straub, Wesley, Livingston
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Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling: 
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently arguing that the case should be dismissed ...
Judge(s): 
Faris, Dunn & Kurtz
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Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling: 
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised in the Federal Court as long as such claims ...
Judge(s): 
Briscoe, Bacharach, McHugh
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Lane v. Lane

Citation: 
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling: 
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...
Judge(s): 
Lucero, Matheson, Bacharach (Lucero)
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Uberoi v. Supreme Court of Florida

Citation: 
--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)
Ruling: 
District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally exercise jurisdiction over enforcement of state bar rules and appellant could have ...
Judge(s): 
Ed Carnes, Hull, and Marcus
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Mandel v. Mastrogiovanni Schorsch & Mersky, et al.

Citation: 
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
Ruling: 
REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy court's claim allowance order. While a debtor-out-of-possession will "rarely have ...
Judge(s): 
Per Curiam (Stewart, Owen and Costa)
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Schaumburg Bank & Trust, Co., N.A. v. Alsterda

Citation: 
15-1894
Ruling: 
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s): 
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
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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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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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