Weinman v. Kelley (In re Kelley)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 5 months ago

Citation:

16-1498 (10th Circuit, Aug 09,2017) Not Published

Case Status:

Affirmed

Ruling:

Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...

Judge(s):

Lucero, Holmes, Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Rule 7012
• Rule 8019
• § 727

A. Kershaw, P.C. v. Spangler

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 6 months ago

Citation:

16-1483 (10th Circuit, Jul 10,2017) Not Published

Case Status:

Affirmed

Ruling:

In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...

Judge(s):

Matheson, Phillips, McHugh (Matheson)

Tag(s):

• 10th Circuit
• Alternative Dispute Resolution
• Venue/Jurisdiction
• § 362

Auld v. Sun West Mortgage Co., Inc.

• Summarized by ,
• 7 years 6 months ago

Citation:

16-3069, 3071 (10th Circuit, Jun 28,2017) Not Published

Case Status:

Affirmed

Ruling:

An appeal in a civil case from the District Court is timely under Fed. R. App. P. 4 if filed within 30 days of the order being appealed from and the failure to properly designate the order from...

Judge(s):

Lucero, O’Brien, Moritz

Tag(s):

• 10th Circuit
• Venue/Jurisdiction
• Mortgage

Anderson v. Seven Falls Co.

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 7 months ago

Citation:

16-1377 (10th Circuit, Jun 12,2017) Not Published

Case Status:

Affirmed

Ruling:

Judicial estoppel applies if a party’s position is clearly inconsistent with its former position; the party succeeded in persuading a court to accept that party’s position, so that judicial...

Judge(s):

Briscoe, Ebel, Matheson

Tag(s):

• 10th Circuit
• Consumer Bankruptcy

In re: JEFFREY KENT GRACY

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 7 months ago

Citation:

16-3281 (10th Circuit, May 24,2017) Not Published

Case Status:

Affirmed

Ruling:

The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...

Judge(s):

Briscoe, Holmes, Phillips

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Mortgage
• 11 U.S.C § 544

Sender v. Werth (In re Werth)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 8 months ago

Citation:

CO-16-022 (10th Circuit, May 08,2017) Not Published

Case Status:

Affirmed

Ruling:

Property transferred from a trust to debtor individually prior to the petition date became property of the bankruptcy estate and the proceeds from the postpetition sale of that property were...

Judge(s):

Karlin, Jacobvitz, Mosier (Jacobvitz)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 541
• 11 U.S.C § 542

Cooley-Linder v. Behrends (In re Behrends)

• Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
• 7 years 8 months ago

Citation:

660 Fed Appx 696 (10th Cir. Nov. 14, 2016) (10th Circuit, Nov 14,2016) Published

Case Status:

Affirmed

Ruling:

An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...

Judge(s):

Tymkovich, Bacharach, Moritz

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(19)

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 9 months ago

Citation:

BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...

Judge(s):

Karlin, Jacobvitz, Mosier

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C § 523

Lankford v. Wagner

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 7 years 9 months ago

Citation:

16-2221 (10th Circuit, Apr 07,2017) Published

Case Status:

Affirmed

Ruling:

The 10th Circuit affirmed the order of dismissal. The Barton doctrine, derived from Barton v. Barbour, 104 U.S. 126 (1881) and its progeny, "precludes suit against a bankruptcy trustee for claims...

Judge(s):

Kelly, Matheson, and McHugh, Circuit Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction

Koyle v. Sand Canyon Corp.

• Summarized by Lars Fuller , BakerHostetler
• 7 years 9 months ago

Citation:

No. 16-4035 (10th Circuit, Mar 31,2017) Published

Case Status:

Affirmed

Ruling:

10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...

Judge(s):

Kelly, Briscoe, Lucero

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Real Estate

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