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...
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...
Barnes v. Harris, __ F.3d __, 2015 WL 1786861 (10th Cir. April 21, 2015)
Ruling:
Dismissal of shareholders' action against officers and directors of failed bank holding company for breach of fiduciary duty was affirmed as all claims were either derivative or insufficient to...
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...
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.
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...
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...
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...
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.
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...
