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In re: Philip Charles DeVries,

Summarizing by Amir Shachmurove

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BAP No. CO-20-003 (BAP 10th Cir. Oct. 2, 2020) (unpublished) (10th Circuit, Oct 02,2020) Not Published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):

In re David and Terry Stewart

Citation:
Nos. 19-6103 & 19-6104 (10th Circuit, Aug 14,2020) Published
Case Status:
Reversed and Remanded
Ruling:
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Judge(s):
Hartz, Baldock, Eid
Tag(s):

GPIF Aspen Club LLC v. The Aspen Club & Spa, LLC

Citation:
BAP No. CO-19-043 (10th Circuit, Jul 24,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

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