Home » 10th Circuit

Wendy Owens v. Randy Royal, Chapter 7 Trustee

  • Summarized by Lars Fuller , BakerHostetler
  • 4 months 4 weeks ago
Citation:
BAP No. WY-19-027 (10th Circuit, Jan 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Judge(s):
Nugent, Michael, Mosier
Tag(s):

Raphael Glapion v. John Mashburn

Citation:
WO-19-030 (10th Circuit, Jan 30,2020) Not Published
Case Status:
Affirmed
Ruling:
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
Judge(s):
Nugent, Michael, and Mosier
Tag(s):

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 months 2 days ago
Citation:
BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Judge(s):
Cornish, Hall, Loyd
Tag(s):

Pino v. Jensen (In re Jensen)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 11 months 4 weeks 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):

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

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):

Banner Bank v. Robertson (In re Robertson)

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):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 3 months 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):

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

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):

Menendez v. Montoya (In re Dollman)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 4 months 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):

Parr v. Rodriguez (In re Parr)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 year 5 months 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):

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