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AE OPCO III, LLC, et al v. AAR CORP

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

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 10 years 9 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):

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

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 9 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):

Jones, Jr. v. Castellucci

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 9 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):

Gordon v. Wadsworth (In re Gordon)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 10 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):

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

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 10 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):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 10 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):

Allen v. Absher (In re Allen)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 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):

Bank of Commerce & Trust Co. v. Schupbach

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 11 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):

Wagner v. Wagner (In re Wagner)

  • Summarized by Eric Madden , Reid Collins & Tsai LLP
  • 10 years 11 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):

Rael v. Wells Fargo Bank (In re Rael)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 11 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):

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