Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

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

Citation:

Loveridge v. Hall, et al. (In re Renewable Energy Dev. Corp.), Case No. 14-4001 (10th Cir. July 10, 2015). Published.

Ruling:

Parties have the Constitutional right to have an Article III judge make a final judgment when plaintiff seeks recovery only under state law and when none of the claims necessarily involve the...

Judge(s):

Tymkovich, Gorsuch, Phillips (Gorsuch)

Tag(s):

• 10th Circuit
• Venue/Jurisdiction

Jones, Jr. v. Castellucci

• Summarized by Lars Fuller , BakerHostetler
• 9 years 6 months ago

Citation:

Jones, Jr. v. Castellucci, , No. 14-8060 (10th Cir. July, 6, 2015)

Ruling:

The Tenth Circuit affirmed the district court's (D. Colo.) grant of summary judgment in favor of plaintiff and the district court's denial of post-judgment motion to reconsider. The Tenth Circuit...

Judge(s):

Matheson, Bacharach, Moritz

Tag(s):

• 10th Circuit
• Claims
• Bankruptcy Litigation
• Practice and Procedure
• Rule 7059
• Rule 7056

Gordon v. Wadsworth (In re Gordon)

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

Citation:

Gordon, et al. v. Wadsworth, Case No. 14-1257 (10th Cir. June 26, 2015) (published)

Ruling:

Balance of funds paid out of retirement plan that was in debtors’ savings account on the petition date is not exempt under Colorado’s exemption statute - C.R.S. § 13-54-102(1(s).

Judge(s):

Hartz, Gorsuch, Matheson

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 11 U.S.C § 522

Redmond v. Jenkins and Cimarron Energy Co., LLC (In re Alternate Fuels, Inc.)

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

Citation:

Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.

Ruling:

Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th...

Judge(s):

Kelly, Baldock, Phillips; Phillips Dissenting

Tag(s):

• 10th Circuit
• Claims
• Bankruptcy Litigation
• 11 U.S.C § 105
• 502
• § 510

Mbaku, et al. v. Bank of America, et al.

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

Citation:

Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)

Ruling:

Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure...

Judge(s):

Briscoe, McKay, Phillips

Tag(s):

• 10th Circuit
• Consumer Debt
• Mortgage
• Finance and Banking
• Real Estate

Allen v. Absher (In re Allen)

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

Citation:

Allen v. Absher, et al. (In re Allen), No. 14-1242 (10th Cir. May 27, 2015)

Ruling:

The 10th Circuit affirmed the U.S. District Court for the District of Colorado, which affirmed the bankruptcy court's order approving the sale of debtor's stock in two oil companies to a creditor....

Judge(s):

Briscoe, Lucero, Matheson

Tag(s):

• 10th Circuit
• Asset Sales
• Claims
• Bankruptcy Litigation
• § 363

Bank of Commerce & Trust Co. v. Schupbach

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

Citation:

Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.

Ruling:

Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.

Judge(s):

Briscoe, McKay, Phillips (McKay)

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• § 1141

Wagner v. Wagner (In re Wagner)

• Summarized by Eric Madden , Reid Collins & Tsai LLP
• 9 years 8 months ago

Citation:

Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)

Ruling:

The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore,...

Judge(s):

Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Claims
• Fraud
• § 523
• § 727

Rael v. Wells Fargo Bank (In re Rael)

• Summarized by William Wallo , Bakke Norman, S.C.
• 9 years 8 months ago

Citation:

Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)

Ruling:

Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the...

Judge(s):

Karlin, Somers, and Jacobvitz

Tag(s):

• 10th Circuit
• Automatic Stay
• Plan Confirmation
• § 1141
• § 362
• § 1115

Lane v. Barney (In re Lane)

• Summarized by Lars Fuller , BakerHostetler
• 9 years 8 months ago

Citation:

Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)

Ruling:

BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor...

Judge(s):

Thurman, Michael, Karlin

Tag(s):

• 10th Circuit
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure

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