Amerson v. King (In re Amerson)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 4 months ago

Citation:

Amerson, et al. v. King, et al. (In re Amerson), Case No. CO-14-045 (B.A.P. 10th Cir. September 2, 2015). Unpublished.

Ruling:

Postponed enjoyment of and contingencies affecting property interests do not prevent such interests from becoming property of a bankruptcy estate and a settlement agreement does not have to be the...

Judge(s):

Cornish, Nugent, Somers (Cornish)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Rule 9019
• 11 U.S.C § 541

Arenas v. U.S. Trustee (In re Arenas)

• Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
• 9 years 4 months ago

Citation:

Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)

Ruling:

A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...

Judge(s):

Cornish, Nugent, and Somers

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 1307
• 1325
• 706
• 707

LNV Corporation v. M. Julia Hook, et al.

• Summarized by Lars Fuller , BakerHostetler
• 9 years 4 months ago

Citation:

LNV Corporation v. Hook, et al., No. 14-1438 & 15-1022 (10th Cir. Aug. 19, 2015)

Ruling:

The 10th Circuit affirmed the ruling of the district court (D. Colo.) denying plaintiff's emergency motion for temporary restraining order and/or a preliminary injunction, and request for...

Judge(s):

Holmes, Matheson, Bacharach

Tag(s):

• 10th Circuit
• Real Estate

Kim v. Sun (In re Sun)

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

Citation:

Kim, et al. v. Sun, et al. (In re Sun), Case No. CO-14-050 (B.A.P. 10th Cir. August 11, 2015). Published.

Ruling:

Culture can be a factor when determining justifiable reliance under 523(a)(2)(A). Repeated substitution of property can show a scheme to permanently deprive plaintiffs of their money for purposes...

Judge(s):

Karlin, Somers, Hall (Hall)

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• § 523

Jubber v. SMC Electrical Products, Inc. (In re C.W. Mining Co.)

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

Citation:

Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.

Ruling:

The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation...

Judge(s):

Kelly, Lucero, Hartz (Hartz)

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Preferences
• § 547

Kansas Ins. Guaranty Assoc. v. FDIC

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 9 years 5 months ago

Citation:

2015 WL 4647980 (10th Cir. Aug. 6, 2015) (Case Nos. 14-3063, 14-3064)

Ruling:

The Tenth Circuit affirmed the district court's summary judgment ruling in favor of the plaintiff, BancInsure. Applying Kansas law, the Court held that the "insured v. insured" exclusion in the...

Judge(s):

Kelly, Holmes, and McHugh, Circuit Judges.

Tag(s):

• 10th Circuit
• Finance and Banking
• Insurance

Flanders v. Lawrence (In re Flanders)

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

Citation:

Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.

Ruling:

While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since...

Judge(s):

Michael, Karlin, Hall (Michael)

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Automatic Stay
• Family/Divorce Issues
• Bankruptcy Litigation
• 11 U.S.C. § 524

Barney v. Bank of America (In re Gifford)

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

Citation:

Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)

Ruling:

Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...

Judge(s):

Cornish, Karlin, Jacobvitz (Karlin)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Mortgage
• Preferences
• 11 U.S.C § 544
• § 547

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

• Summarized by Lars Fuller , BakerHostetler
• 9 years 5 months ago

Citation:

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)

Ruling:

The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC...

Judge(s):

Thurman, Michael, Romero

Tag(s):

• 10th Circuit
• Mortgage
• Bankruptcy Litigation
• Fraudulent Transfers
• Valuation
• § 544
• § 548

Brumfiel v. U.S. Bank, et al.

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 9 years 5 months ago

Citation:

Case No. 14-1421, United States Court of Appeals for the 10th Circuit

Ruling:

Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure,...

Judge(s):

Matheson, Bacharach, and Moritz, Circuit Judges.

Tag(s):

• 10th Circuit
• Mortgage
• 11 U.S.C § 521
• 11 U.S.C § 541
• 11 U.S.C § 554

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