In re: KAULI SAILI, JR.,

• Summarized by Jaden Banks , US Bankruptcy Court, Eastern District of Missouri
• 1 week 2 days ago

Citation:

22-3268 (10th Circuit, Sep 18,2023) Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...

Judge(s):

Hartz, Tymkovich, Matheson

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

Bianca Ruiz v. Stephen Rupp, Chapter 7 Trustee

• Summarized by Jaden Banks , US Bankruptcy Court, Eastern District of Missouri
• 1 month 1 week ago

Citation:

23-006 (10th Circuit, Aug 14,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Tenth Circuit affirmed the Bankruptcy Court for the District of Utah’s approval of a settlement between the chapter 7 trustee and the Debtor’s estranged...

Judge(s):

Romero, Hall, and Loyd

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Family/Divorce Issues

IN RE KATE BUFFY DRAKEWYCK,

• Summarized by Jaden Banks , US Bankruptcy Court, Eastern District of Missouri
• 2 months 3 weeks ago

Citation:

CO-23-004 (10th Circuit, Jun 23,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) affirmed the Bankruptcy Court for the District of Colorado's dismissal of an adversary proceeding, where the Debtor failed to...

Judge(s):

Michael, Parker, and Thurman

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Fed. R. Bankr. Pro. 7004(b)(4) &(5); Fed. R. Civ. Pro. 4(m); Fed. R. Civ. Pro. 4(e); Fed. R. Civ. Pro 4(i); Fed. R. Civ. Pro. 4(j); Fed. R. Bankr. Pro. 7004(e)

In re: DANIEL RICHARD DOLL

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

Citation:

22-1004 (10th Circuit, Jan 18,2023) Published

Case Status:

Affirmed

Ruling:

When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...

Judge(s):

HOLMES, EBEL, and EID

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 1326(a)(2)

Frank McIntyre v. Dennis Fangman, et al.

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

Citation:

BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published

Case Status:

Affirmed

Ruling:

Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...

Judge(s):

HALL, LOYD, and THURMAN, Bankruptcy Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims

Frank McIntyre v. Active Energies Solar, LLC, et al.

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

Citation:

22-004 (10th Circuit, Dec 30,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...

Judge(s):

Sarah A. Hall; Janice D. Lloyd; and William T. Thurman

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Finance and Banking
• 11 U.S.C § 541; 28 U.S.C § 157(a); 28 U.S.C § 157(b); 28 U.S.C § 1334(b); 28 U.S.C § 1334(c); 28 U.S.C § 1334(e)

In re: ALLEN BEAL

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

Citation:

21-4124 (10th Circuit, Dec 14,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Utah (DC) that itself affirmed the denial of a motion to extend time to...

Judge(s):

Harris L. Hartz; Robert E. Bacharach; and Nancy Moritz

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Finance and Banking
• Lender Liability
• Fed. R. Bankr. P. 7012(b); Fed. R. Bankr. P. 9006(a)(3); Fed. R. Bankr. P. 9006(b)(1); Fed. R. Bankr. P. 9006(b)(3); Fed. R. Bankr. P. 4004(b); Fed. R. Bankr. P. 4007(c)
• 11 U.S.C § 105

In re: THEOPHILUS SHAWN WILLIAMS,

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

Citation:

22-1067 (10th Circuit, Dec 13,2022) Published

Case Status:

Affirmed

Ruling:

A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...

Judge(s):

HOLMES, Chief Judge, HARTZ and ROSSMAN

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Family/Divorce Issues
• 541(d)

Patrick Malloy, III v. Robert Kramer, et al.

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 9 months 3 weeks ago

Citation:

BAP No. NO-21-005; BAP No. NO-21-006; Bankr. No. 19-12014 (10th Circuit, Nov 23,2022) Not Published

Case Status:

Affirmed

Ruling:

This decision is not recommended for publication and has no precedential value. Bankruptcy Code 11 U.S.C. §541 did not prevent members of an LLC from enforce the Transfer Restrictions in their...

Judge(s):

Romero, Jacobvitz, and Rosania

Tag(s):

• 10th Circuit
• Asset Sales
• Personal Bankruptcy Topics
• Small Business

In re: STEVEN W. BLOOM

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

Citation:

22-1005 (10th Circuit, Jul 12,2022) Published

Case Status:

Affirmed

Ruling:

Like the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) that it fully affirmed, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed a bankruptcy court's decision valuing the...

Judge(s):

Harris L. Hartz; Bobby Ray Baldock; and Carolyn B. McHugh

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R> Bankr. P. 7001
• 11 U.S.C § 523(a)(2)(A); 11 U.S.C. § 523(a)(6)

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