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

Summarizing by Bradley Pearce

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):

Medical Lien Mgmt, Inc. v. Dampier

Citation:
17-1160 (10th Circuit, Feb 14,2018) Not Published
Case Status:
Affirmed
Ruling:
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units. [The court did...
Judge(s):
MATHESON, BACHARACH, PHILLIPS
Tag(s):

IN RE; PEEPLES

Citation:
17-4046 (10th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sua sponte, the court found that Mrs. Lee, who was not a party to the underlying state court action, did not have Article III standing to bring suit and vacated judgment as to Mrs. Lee with...
Judge(s):
Lucero, Bacharach, and Mortiz
Tag(s):

IN RE: PARR

Citation:
BAP No. CO-17-021 (10th Circuit, Jan 26,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Individuals maintaining an interest in their residence, such as through a self-settled trust, retain an equitable ownership interest that is property of the estate and therefore qualified for the...
Judge(s):
Cornish, Nugent, and Mosier
Tag(s):

MAYOTTE v U.S. BANK NATIONAL ASSOCIATION

Citation:
16-1252 (10th Circuit, Jan 23,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Tenth Circuit affirmed the district court's dismissal of the appellant's RESPA claim because, on appeal, she did not argue that such dismissal was improper. The Court of Appeals reversed the...
Judge(s):
HARTZ, HOLMES, BACHARACH
Tag(s):

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