Clabaugh v. Grant (In re Grant)

• Summarized by Michael Cooley , Reed Smith LLP
• 8 years 11 months ago

Citation:

No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).

Ruling:

Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.

Judge(s):

Karlin, Cornish, and Michael.

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Fraud
• § 522
• § 523
• § 727

Clabaugh v. Grant (In re Grant)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 11 months ago

Citation:

Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.

Ruling:

Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...

Judge(s):

Karlin, Cornish, Michael (Karlin)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C § 522
• 11 U.S.C § 523
• § 727

Lynch v. Malloy, III (In re Lynch)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 11 months ago

Citation:

Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.

Ruling:

The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.

Judge(s):

Karlin, Jacobvitz, Mosier

Tag(s):

• 10th Circuit
• Practice and Procedure
• Venue/Jurisdiction
• Rule 2004

Tripodi, Jr. v. Welch, et al.

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 12 months ago

Citation:

Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.

Ruling:

A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...

Judge(s):

Kelly, McKay, Phillips (Kelly)

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Commercial Fraud
• Fraud
• SEC Issues
• 11 U.S.C § 523

Miller v. State of Utah, et al.

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

Citation:

Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)

Ruling:

Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages...

Judge(s):

Lucero, Gorsuch, McHugh

Tag(s):

• 10th Circuit
• Real Estate

Anderson v. Seven Falls Co.

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 1 week ago

Citation:

Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.

Ruling:

A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the...

Judge(s):

Briscoe, Lucero, McHugh

Tag(s):

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

Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 3 weeks ago

Citation:

Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.

Ruling:

A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.

Judge(s):

Briscoe, Murphy, Gorsuch (Murphy)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Family/Divorce Issues
• Claims
• Fraudulent Transfers
• § 362
• § 502
• § 323
• § 544
• § 507

FB Acquisition Property I, LLC v. Gentry (In re Gentry)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 1 month ago

Citation:

FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.

Ruling:

To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...

Judge(s):

Kelly, Hart, Gorsuch (Kelly)

Tag(s):

• 10th Circuit
• Plan Confirmation
• 11 U.S.C § 1129

GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 2 months ago

Citation:

GL3B Trust, et al. v. First Citizens Bank & Trust Co., et al. (In re Autterson), Case Nos. CO-14-063, CO-14-064 (BAP 10th Cir. November 6, 2015). Unpublished.

Ruling:

Waiver can be express or, if clear and unambiguous conduct is present, implied and debtor’s conduct in ignoring the terms of the loan documents, as both lenders’ representatives and borrow,...

Judge(s):

Cornish, Nugent, Somers (Somers)

Tag(s):

• 10th Circuit
• Claims

GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson)

• Summarized by Lars Fuller , BakerHostetler
• 9 years 2 months ago

Citation:

GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson), BAP No.CO-14-063 & BAP No.CO-14-064 (BAP 10th Cir. Nov. 6, 2015)

Ruling:

The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court (D. Colo.) granting in part a creditors' objection and reducing the allowed amount of two claims scheduled as undisputed by...

Judge(s):

Cornish, Nugent, Somers

Tag(s):

• 10th Circuit
• Claims
• Bankruptcy Litigation

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