Pino v. Jensen (In re Jensen)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 3 months 5 days ago

Citation:

No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published

Case Status:

Affirmed

Ruling:

Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...

Judge(s):

Nugent, Cornish, Hall

Tag(s):

• 10th Circuit
• Fraud
• Discharge/Dischargeability
• Small Business

SE Property Holdings, LLC v. David Stewart (In re- Stewart)

• Summarized by Michael Cooley , Reed Smith LLP
• 4 months 1 week ago

Citation:

WO-18-068 (10th Circuit, Jun 04,2019) Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....

Judge(s):

Somers, Mosier, and Marker

Tag(s):

• 10th Circuit
• Professional Compensation/Fees
• Rule 2016
• § 329

Banner Bank v. Robertson (In re Robertson)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 2 weeks ago

Citation:

No. 18-4060 (10th Circuit, May 29,2019) Published

Case Status:

Affirmed

Ruling:

While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...

Judge(s):

HOLMES, BACHARACH, and PHILLIPS

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 8002
• 9023

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

• Summarized by Lars Fuller , BakerHostetler
• 7 months 1 week ago

Citation:

BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...

Judge(s):

Cornish, Jacobvitz, Mosier

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 5010
• § 350

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

• Summarized by Michael Cooley , Reed Smith LLP
• 7 months 1 week ago

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):

• 10th Circuit
• Practice and Procedure
• Discharge/Dischargeability
• Rule 1009
• Rule 9006

Menendez v. Montoya (In re Dollman)

• Summarized by Lars Fuller , BakerHostetler
• 8 months 1 week ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Rule 1009
• 11 U.S.C § 522

Parr v. Rodriguez (In re Parr)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 8 months 2 weeks ago

Citation:

No. CO-18-084, 2019 WL 365748 (10th Circuit, Jan 30,2019) Not Published

Case Status:

Affirmed

Ruling:

Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.

Judge(s):

Nugent, Cornish, Jacobvitz

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure

Connolly v. Morreale (In re Morreale)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 8 months 2 weeks ago

Citation:

BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published

Case Status:

Affirmed

Ruling:

Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...

Judge(s):

Nugent, Michael, and Somers

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Professional Compensation/Fees
• 11 U.S.C. 362(a); 11 U.S.C. 3330

Slovak v. Loveridge (In re Eurogas)

• Summarized by Steven Mulligan , Jackson Kelly PLLC
• 9 months 1 week ago

Citation:

17-4197 (10th Circuit, Jan 04,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...

Judge(s):

Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• 11 U.S.C § 544

IN RE: CHERNUSHIN

• Summarized by Bradley Pearce , Pearce Law PLLC
• 9 months 3 weeks ago

Citation:

18-1068 (10th Circuit, Dec 21,2018) Published

Case Status:

Affirmed

Ruling:

The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...

Judge(s):

BRISCOE, MURPHY, and McHUGH

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 1016
• 544

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