BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
Judge(s):
Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action.
2, Proof of claim for debtor's failure to timely respond under RESPA was...
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
The Ninth Circuit held that the claim of a former shareholder with a fraud judgment against the principals of corporation was not subject to subordination under 11 U.S.C. § 510(b), and that the...
Judge(s):
Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Johnnie B. Rawlinson
