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):

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):

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