Margaret Kinney v. HSBC Bank USA

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 month 3 weeks ago

Citation:

20-1122 (10th Circuit, Jul 23,2021) Published

Case Status:

Affirmed

Ruling:

A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...

Judge(s):

BACHARACH, EBEL, and EID

Tag(s):

• 10th Circuit
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• 1307
• 1322(d)
• 1328(a)

James Perry v. Stephen Judge

• Summarized by Sarah Tomlinson , Office of the U.S. Trustee
• 1 month 4 weeks ago

Citation:

Bankruptcy Appellate Panel of the Tenth Circuit No. CO-20-050 (10th Circuit, Jul 20,2021) Published

Case Status:

Affirmed

Ruling:

The BAP held the bankruptcy court did not err in finding all of the Plaintiff's injuries resulted from the Debtor's willful and malicious acts, because the record showed the Debtor, the aggressor,...

Judge(s):

The Hons. Cornish, Michael, and Hall

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(6)

Jeanette Wellers v. Peters

• Summarized by Lars Fuller , BakerHostetler
• 2 months 5 days ago

Citation:

BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....

Judge(s):

Cornish, Michael, Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Small Business
• Rule 9019

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 1 week ago

Citation:

20-8048 (10th Circuit, Jul 09,2021) Not Published

Case Status:

Affirmed

Ruling:

In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...

Judge(s):

MATHESON, BACHARACH, and CARSON

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate

Trans-west, Inc. v. Jeffrey Mullins

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 months 2 weeks ago

Citation:

20-046 (10th Circuit, Jun 30,2021) Not Published

Case Status:

Affirmed

Ruling:

Discerning no clear error in the post-trial factual findings of the U.S. Bankruptcy Court for the District of Colorado (BC), the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed its...

Judge(s):

Tom R. Cornish; Terrence L. Michael; and Sarah A. Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Commercial Fraud
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 4007
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 523(a)(6); 11 U.S.C. § 523(a)(4)

Frank McIntyre v. Active Energies Solar LLC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 6 days ago

Citation:

20-1211 (10th Circuit, Jun 10,2021) Not Published

Case Status:

Dismissed

Ruling:

In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...

Judge(s):

Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Professional Practice Areas
• Fed. R. Bankr. P. 9023
• 9024; Fed. R. Civ. P. 59
• 60

Kelli Allen v. Yvette Gonzales, Chapter 7 Trustee

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 1 week ago

Citation:

20-038 (10th Circuit, Jun 07,2021) Not Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy appellate Panel of the Tenth Circuit (BAP) reversed the denial of two chapter 7 debtors’ exemption claim, pursuant to section 522 of the Code and New Mexico state law, in the...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 4003(b)
• 11 U.S.C. § 522

Rick Warren v. Alexander Bednar

• Summarized by Sarah Tomlinson , Office of the U.S. Trustee
• 4 months 3 weeks ago

Citation:

United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...

Judge(s):

The Hons. Romero, Somers, and Parker

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Consumer Bankruptcy
• 11 U.S.C. § 362(c)(4)(A)(i); 11 U.S.C. § 1326(a)(2)

Jill Bednar v. Rick Warren

• Summarized by Amir Shachmurove , Reed Smith LLP
• 4 months 3 weeks ago

Citation:

20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Govt. Claims/Sovereign Immunity
• 11 US.C. § 1326
• 11 US.C. § 349(b)
• 11 US.C. § 362(c)(4)(A)

In re Holly Macintyre

• Summarized by Amir Shachmurove , Reed Smith LLP
• 5 months 2 weeks ago

Citation:

20-1199 (10th Circuit, Apr 01,2021) Not Published

Case Status:

Affirmed

Ruling:

Reviewing the decision of the U.S. Bankruptcy Court for the District of Colorado (BC), the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed its dismissal of a debtor’s adversary...

Judge(s):

Jerome A. Holmes; Carolyn B. McHugh; and Nancy L. Moritz

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Valuation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 524; 11 U.S.C. § 105

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