In re Thomas Crow

Citation:
19-8082 (10th Circuit, Feb 12,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...
Judge(s):
Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach
Tag(s):

In re Reynolds

Citation:
19-4150 (10th Circuit, Jan 06,2021) Not Published
Case Status:
Affirmed
Ruling:
Pursuant to 28 U.S.C. § 1291, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court for the District of Utah (BC), itself previously confirmed...
Judge(s):
Carlos F. Lucero; Jerome A. Holmes; and Allison H. Eid
Tag(s):

In re Leonard Mosher

Citation:
19-8073 (10th Circuit, Oct 27,2020) Not Published
Case Status:
Affirmed
Ruling:
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
Judge(s):
Lucero, Holmes, Eid
Tag(s):

In re Twiford Enterprises, Inc.

Citation:
United States Bankruptcy Appellate Panel Case No. WY-19-037 (10th Circuit, Oct 15,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court award of postpetition interest, attorneys’ fees, and costs to the Bank. The BAP specified that the bankruptcy court's prior order which overruled the...
Judge(s):
The Hons. Somers, Jacobvitz, and Loyd
Tag(s):

Simon Rodriguez v. Julio Barrera

Citation:
BAP No. CO-20-003 (BAP 10th Cir. Oct. 2, 2020) (unpublished) (10th Circuit, Oct 02,2020) Not Published
Case Status:
Affirmed
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's ruling that the post-petition appreciation of property owned by a chapter 13 debtor on the petition date does not constitute property of the...
Judge(s):
Cornish, Michael, Lloyd
Tag(s):

Ricky Sharpton v. Susan Manchester, Chapter 7 Tr

Citation:
BAP No. WO-20-004 & WO-20-005 (10th Circuit, Sep 14,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (WD Ok.), which entered judgment against chapter 7 debtor on avoidance claim and for denial of discharge. Totality of the circumstances...
Judge(s):
Romero, Somers, Jacobvitz
Tag(s):

Akeem Makeen v. Woodstream Falls Condominium

Citation:
BAP No. CO-20-006 & CO-20-026 (10th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed orders of bankruptcy court (D. Colo.) dismissing debtor's complaint, striking debtor's repetitive filings, and sanctioning debtor for abusive conduct. Bankruptcy court...
Judge(s):
Cornish, Michael, Loyd
Tag(s):

McDaniel v. Navient Solutions

Citation:
18-1445 (10th Circuit, Aug 31,2020) Published
Case Status:
Affirmed
Ruling:
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
Judge(s):
BRISCOE, HOLMES, and EID
Tag(s):

In re Wagenknecht and Colbert

Citation:
19-1206 (10th Circuit, Aug 24,2020) Published
Case Status:
Reversed
Ruling:
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Judge(s):
Briscoe, Ebel, Lucero
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

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