Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling:
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding...
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 Unpublished.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...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 7 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...
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...
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...
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...
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...
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 Unpublished.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...
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...
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...
