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In re Thomas Perez

Summarizing by Bradley Pearce

In re Nathaneil Basola Sobayo

Summarizing by Lars Fuller

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):

Jill Bednar v. Rick Warren

Citation:
20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
Tag(s):

In re Holly Macintyre

Citation:
20-1199 (10th Circuit, Apr 01,2021) Not Published
Case Status:
Affirmed
Ruling:
Reviewing the decision of the U.S. Bankruptcy Court for the District of Colorado (BC), the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed its dismissal of a debtor’s adversary...
Judge(s):
Jerome A. Holmes; Carolyn B. McHugh; and Nancy L. Moritz
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
BAP No. NM-20-033 (10th Circuit, Mar 12,2021) Published
Case Status:
Affirmed
Ruling:
An individual who files a chapter 11 case does not have an absolute right under § 1112(a) to convert her bankruptcy case to a chapter 7 proceeding. Section 1112(a) of the Bankruptcy Code is...
Judge(s):
ROMERO, SOMERS, and PARKER
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
19-2209 (10th Circuit, Feb 24,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
Tag(s):

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):

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