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Auslander v. Murray

Summarizing by Timothy McKeon

Kaye v. Blue Bell Creameries, Inc.

Summarizing by David Bury

Cocoma v. Nigam

Citation:
CO-17-044 and CO-17-045 (10th Circuit, Aug 09,2018) Not Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed the judgment of bankruptcy court denying claims for nondischargeability of debt under 11 U.S.C. 523(a)(2)(A) and (a)(6), which excepts from discharge any debt obtained “for...
Judge(s):
CORNISH, JACOBVITZ, and HALL
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Duwaik v. JP Morgan Chase Bank, N.A.

Citation:
17-1385 (10th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The dismissal of a chapter 11 case pending appeal renders that appeal moot and the judgment below is generally vacated and the matter remanded so it can be dismissed. A subsequently filed chapter...
Judge(s):
Lucero, Hartz, McHugh (Hartz)
Tag(s):

Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Citation:
17-1281 (10th Circuit, Jun 19,2018) Published
Case Status:
Reversed and Remanded
Ruling:
An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
Judge(s):
BRISCOE, SEYMOUR, and HOLMES
Tag(s):

Parr v. Rodriguez

Citation:
17-1258 (10th Circuit, May 22,2018) Not Published
Case Status:
Affirmed
Ruling:
In the bankruptcy context, a more stringent standing requirement than the case or controversy standing requirement of Article III is applied and only a person aggrieved by a bankruptcy court order...
Judge(s):
Bacharach, McKay, Baldock
Tag(s):

Minerals Technologies, Inc. v. Novida Corp.

Citation:
BAP No. CO-17-004 and BAP No. CO-17-005 (10th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
Judge(s):
KARLIN, NUGENT, MOSIER
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
15-1420 (10th Circuit, Nov 14,2016) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...
Judge(s):
Tymkovich (author), Bacharach, Moritz
Tag(s):

Orr v. Husch Blackwell, LLP

Citation:
No. 17-3214 (10th Circuit, Apr 12,2018) Published
Case Status:
Affirmed
Ruling:
A former officer and shareholder of bankrupt companies did not have standing to sue counsel for the Chapter 11 trustee and special master for malpractice. With absolutely no reference to the Barton...
Judge(s):
MORITZ, McKAY, and KELLY
Tag(s):

Sprague v. Williams (In re van Winkle)

Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Chamberlain v. Chamberlain

Citation:
No. 17-1121 (10th Circuit, Feb 20,2018) Not Published
Case Status:
Affirmed
Ruling:
The debtor's obligation to pay his children’s college expenses qualified as a “domestic support obligation.” In making this determination, the bankruptcy court properly looked to 1) the...
Judge(s):
Lucero, Bacharach, and Moritz
Tag(s):

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