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...
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...
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...
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...
Questions of whether an entity is eligible to be a debtor under Bankruptcy Code § 109 or had the proper corporate authorization to file its case are not jurisdictional; accordingly, the bankruptcy...
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
The appellant, Hefner, did not have standing to appeal the district court's order holding that Hefner had standing to object to a settlement approved by the bankruptcy court. The court of appeals...
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
The Bankruptcy Appellate Panel of the Tenth Circuit affirmed the bankruptcy court's determination that a creditor failed to meet his burden of proof under sections 727(d)(1) and 523(a)(3) where the...
