Montoya v. Ferguson, et al.

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 month 3 days ago

Citation:

24-2028 (10th Circuit, Dec 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...

Judge(s):

TYMKOVICH, McHUGH, and MORITZ

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Commercial Fraud

Byrnes v. Byrnes (In re Byrnes)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 3 weeks ago

Citation:

No. 24-2015 (10th Circuit, Sep 17,2024) Not Published

Case Status:

Affirmed

Ruling:

A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...

Judge(s):

Holmes, Hartz, and Rossman

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Family/Divorce Issues
• 11 U.S.C. § 105(a)

McIntyre v. Fangman, et al.

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 5 months 4 days ago

Citation:

23-1048 (10th Circuit, Aug 02,2024) Not Published

Case Status:

Affirmed

Ruling:

McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...

Judge(s):

Matheson, Eid and Carson

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Venue/Jurisdiction
• Professional Practice Areas
• Labor/Employment
• Unsecured Trade Creditors
• Sec. 362

McIntyre v. Active Energies Solar, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 4 days ago

Citation:

23-1052 (10th Circuit, Aug 02,2024) Published

Case Status:

Affirmed

Ruling:

Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...

Judge(s):

MATHESON, EID, and CARSON, Circuit Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction

Integrity Directional Services

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 5 months 2 weeks ago

Citation:

23-6111 (10th Circuit, Jul 25,2024) Not Published

Case Status:

Reversed

Ruling:

Circuit court reversed the district court's reversal of the bankruptcy court denial of a group of creditors', "Falcon," "Amendment of Informal Proofs of Claim." The bankruptcy found that Falcon had...

Judge(s):

MATHESON, BALDOCK, and McHUGH

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Claims
• Rule 3002
• Sec. 726

McGann, et al. v. Jagow

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 10 months 5 days ago

Citation:

24-1057 (10th Circuit, Feb 27,2024) Not Published

Case Status:

Dismissed

Ruling:

Circuit court dismissed pro se debtor's appeal from a bankruptcy appellate panel order denying her emergency motion for a stay pending appeal. The Circuit found that the BAP order was not a "final...

Judge(s):

Matheson, Bacharach and Eid

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• N/A
• 28 U.S. § 1292

Summit Investment Management, et al. v. Connolly

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 10 months 3 weeks ago

Citation:

22-1297 (10th Circuit, Feb 16,2024) 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 Colorado (DC) for the same reasons cited by the latter in its order...

Judge(s):

Paul J, Kelly Jr.; Scott Matheson Jr.; and Allison H. Eid

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 9019(a); Fed. R. Bankr. P. 2002(a)(3)
• 11 U.S.C § 362; 11 U.S.C. § 502(a); 11 U.S.C. § 502(b); 11 U.S.C. § 502(e)(1)(B); 11 U.S.C. § 502(e)(2); 11 U.S.C. § 726(a)

KATE BUFFY DRAKEWYCK v U.S. DEPARTMENT OF EDUCATION

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 11 months 1 week ago

Citation:

23-1236 (10th Circuit, Jan 25,2024) Not Published

Case Status:

Affirmed

Ruling:

Circuit Court affirmed the lower courts' dismissal of pro se debtor's adversary proceeding which sought to discharge her student loans for failure to timely effectuate service on the United States...

Judge(s):

Eid, Matheson and Baldock

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• F.R.Bankr.Pro. 7004 applying F.R.Civ.Pro. 4
• 11 U.S.C. § 523(a)(8)

Makeen v. Wadsworth (In re Makeen)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 11 months 1 week ago

Citation:

No. 23-1110 (10th Circuit, Jan 30,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Tenth Circuit held a bankruptcy court did not err in concluding a debtor, who operated a property rental business, could not exempt real property from the...

Judge(s):

HARTZ, PHILLIPS, and McHUGH

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Consumer Bankruptcy
• Real Estate
• Fed. R. Bankr. P. 4003(b)(1)

In re: STONE PINE INVESTMENT BANKING, LLC,

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 1 week ago

Citation:

Nos. 21-1423, 21-1431, 21-1439; D.C Case No. 20-cv-01372 (10th Circuit, Dec 19,2023) Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...

Judge(s):

PHILLIPS, MURPHY, and ROSSMAN

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Professional Practice Areas
• Commercial Fraud
• Investment Banking
• 11 U.S.C § 544(a)(1); 11 U.S.C § 554(b)

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