Irene Moden v. Ditech Financial, LLC

Citation:
BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
Judge(s):
SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges
Tag(s):

In re: DIANN MARIE CATES

Citation:
18-1355 (10th Circuit, Sep 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
Judge(s):
HOLMES, BRISCOE, and EID
Tag(s):

Margaret Kinney v. HSBC Bank USA

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):

James Perry v. Stephen Judge

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):

Jeanette Wellers v. Peters

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):

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

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):

Trans-west, Inc. v. Jeffrey Mullins

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):

Frank McIntyre v. Active Energies Solar LLC

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):

Kelli Allen v. Yvette Gonzales, Chapter 7 Trustee

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):

Rick Warren v. Alexander Bednar

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):

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