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Lane v. Barney (In re Lane)

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

Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling:
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter...
Judge(s):
Nugent, Somers, Jacobvitz
Tag(s):

Dalzell v. RP Steamboat Springs, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 1 month ago
Citation:
Dalzell, et al. v. RP Steamboat Springs, LLC, et al., No. 13-1440 (10th Cir. Mar. 24, 2015)
Ruling:
The 10th Circuit, voting 2-1 (J. Lucero dissenting), affirmed the judgment of the U.S. District Court (D. Colo.) finding that developer of master-planned subdivision was not liable under the...
Judge(s):
Lucero, Murphy, and McHugh
Tag(s):

LTF Real Estate Co. v. Expert South Tulsa, LLC

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 11 years 2 months ago
Citation:
10th Cir. BAP No. KS-14-009
Ruling:
The BAP first held that the bankruptcy court did not abuse its discretion in granting summary judgment prior to the commencement of discovery, and EST failed to comply with the requirements of Fed....
Judge(s):
Thurman, Chief Judge; Romero and Jacobvitz, Bankruptcy Judges. Opinion by Jacobvitz.
Tag(s):

Manchester v. Funderburgh (In re Funderburgh)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 11 years 2 months ago
Citation:
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling:
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the...
Judge(s):
Michael, Romero, and Jacobvitz
Tag(s):

Hill v. Jankowski (In re Dey)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 2 months ago
Citation:
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling:
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...
Judge(s):
Thurman, Cornish, Jacobvitz
Tag(s):

Donner v. Nicklaus

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 11 years 2 months ago
Citation:
Donner. v. Nicklaus, Appeal No. 13-4057 (10th Cir. February 19, 2015)
Ruling:
The Court of Appeals reversed a district court decision dismissing misrepresentation and other claims, and found that creditor's settlement with debtor in bankruptcy did not constitute an...
Judge(s):
Briscoe, Kelly, and Bacharach
Tag(s):

Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 11 years 3 months ago
Citation:
Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488; U.S. Court of Appeals for the Tenth Circuit
Ruling:
The District Court's decision was affirmed. The 10th Circuit agreed that the untimely Form 1040s, filed after the IRS had assessed each debtor's tax liability, were not tax "returns" for purposes...
Judge(s):
Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
Tag(s):

LTF Real Estate Co v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 11 years 4 months ago
Citation:
In re Expert South Tulsa, LLC, 2014 WL 6845675 (10th Cir. BAP December 4, 2014)
Ruling:
Escrow fund established pre-petition to guarantee completion of site improvements on real estate was not included in property of the estate, but bankruptcy court erred in sua sponte dismissal of...
Judge(s):
Thurman, Romero, Jacobvitz
Tag(s):

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