Menendez v. Montoya (In re Dollman)

• Summarized by Lars Fuller , BakerHostetler
• 2 weeks 18 hours 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 , University of Tennessee, College of Law
• 3 weeks 16 hours 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
• 3 weeks 2 days 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
• 1 month 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
• 1 month 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

IN RE; RAEL

• Summarized by Scott Gautier , Robins Kaplan LLP
• 2 months 5 days ago

Citation:

No. 18-8026 (10th Circuit, Dec 07,2018) Published

Case Status:

Affirmed

Ruling:

Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...

Judge(s):

Lucero, Kelly, Phillips

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Real Estate
• Rule 9024 (Fed. R. Civ. P. 60)
• 727

IN RE: THE VAUGHAN COMPANY REALTORS

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

Citation:

18-2030 (10th Circuit, Nov 06,2018) Published

Case Status:

Affirmed

Ruling:

An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...

Judge(s):

HOLMES, O’BRIEN, and CARSON

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• 8002(a)

LANE v BUCKLEY

• Summarized by Lars Fuller , BakerHostetler
• 3 months 2 weeks ago

Citation:

No. 17-8079 (10th Circuit, Nov 06,2018) Not Published

Case Status:

Affirmed

Ruling:

Tenth Circuit affirmed summary judgment entered by district court (D. Wyo.) against plaintiff on claims for rescission, restitution, fraudulent transfer, and breach of contract. Plaintiff waived...

Judge(s):

Tymkovich, McKay, Matheson

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Family/Divorce Issues
• 11 U.S.C § 541

In re: GARCIA

• Summarized by Brandon Bickle , GableGotwals
• 4 months 3 days ago

Citation:

17-3247 (10th Circuit, Oct 17,2018) Not Published

Case Status:

Affirmed

Ruling:

The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...

Judge(s):

Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• 11 U.S.C. 362(a)

Jennings v. Royal (In re: Jennings)

• Summarized by Elizabeth Gunn , Virginia Office of the Attorney General
• 5 months 5 days ago

Citation:

17-8095 (10th Circuit, Sep 14,2018) Published

Case Status:

Affirmed

Ruling:

Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...

Judge(s):

Eid, Kelly, and O'Brien

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 522
• 11 U.S.C § 544

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