Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

Citation:
BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
Judge(s):
Michael, Romero, and Somers
Tag(s):

Menendez v. Montoya (In re Dollman)

Citation:
BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...
Judge(s):
Michael, Romero, Somers
Tag(s):

Weakley v. Eagle Logistics

Citation:
17-1402(2)3, DC Docket No 3:16-cv-00403-HNJ (11th Circuit, Jun 29,2018) Published
Case Status:
Affirmed
Ruling:
Because the district court considered all the facts and circumstances of Weakley’s cases in determining whether he intended to mislead the bankruptcy court, see id. at 1185, it did not abuse...
Judge(s):
Carnes, CJ Marcus, Rosenbaum
Tag(s):

Queen v. TA Operating, LLC

Citation:
No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).
Ruling:
Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...
Judge(s):
Tymovich, Ebel, and O’Brien.
Tag(s):

Kathy Ann Green v. Hapo Community Credit Union (In re Green)

Citation:
BAP No.: EW-12-1486-PaJuTa; Bankr. No.: 04-07678 (Not for Publication)
Ruling:
In considering whether the Bankruptcy Court erred in denying the debtor’s motion to avoid a judicial lien under § 522(f) in a reopened bankruptcy case, the Bankruptcy Appellate Panel of the...
Judge(s):
Pappas, Jury, and Taylor, Bankruptcy Judges; Appeal from Hon. Patricia C. Williams
Tag(s):

In re IFC Credit Corp.

Citation:
First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).
Ruling:
Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...
Judge(s):
JJ. BAUER, POSNER AND WOOD
Tag(s):

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