Citizens Bank & Trust v. Security First Insurance Holdings, LLC (In re Brooke Capital Corp.)

• Summarized by William Wallo , Bakke Norman, S.C.
• 10 years 1 month ago

Citation:

Citizens Bank & Trust v. Security First Insurance Holdings, LLC (in re Brooke Capital Corp.), __ Fed. Appx. __, 2014 WL 6873180 (10th Cir. December 8, 2014)

Ruling:

In a priority dispute between lenders, those holding participation interests in a loan secured by stock were subject to the recharacterization of their participation interest as loans, which...

Judge(s):

Kelly, Lucero, and Matheson

Tag(s):

• 10th Circuit
• Asset Sales
• Bankruptcy Litigation
• Uniform Commercial Code/Article 9

Lundahl v. Halabi

• Summarized by Lars Fuller , BakerHostetler
• 10 years 1 month ago

Citation:

Lundahl v. Halabi, et al., Nos. 14-8000 & 14-8002 (10th Cir. Dec. 3, 2014)

Ruling:

The Tenth Circuit affirmed the rulings of the U.S. District Court (Wyoming) imposing sanctions and filing restrictions against plaintiff and criminal contempt against defendant, who appeared to be...

Judge(s):

McHugh, McKay, O'Brien

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Fraud
• Practice and Procedure

Williamson v. Murray (In re Murray)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 1 month ago

Citation:

Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014

Ruling:

The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to...

Judge(s):

KELLY, LUCERO, and HARTZ, Circuit Judges

Tag(s):

• 10th Circuit
• Administrative Expense Claims
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• § 541
• § 522
• § 544
• § 704
• § 507

Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan)

• Summarized by Lars Fuller , BakerHostetler
• 10 years 2 months ago

Citation:

Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan), Nos. 14-6006 & 14-6007 (10th Cir. Nov. 13, 2014)

Ruling:

The 10th Circuit affirmed the U.S. District Court (W.D. Okla.) decision affirming the bankruptcy court's order limiting the scope of the interpleader relief granted in two interpleader actions....

Judge(s):

Holmes, Bacharach, McHugh

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Insurance
• Practice and Procedure

Brock v. Glasser (In re Brock)

• Summarized by Lars Fuller , BakerHostetler
• 10 years 2 months ago

Citation:

Brock v. Glasser (In re Brock), Nos. 14-1040 & 14-1057 (10th Cir. Oct. 16, 2014)

Ruling:

The 10th Circuit reversed the BAP for the 10th Circuit after the BAP affirmed the bankruptcy court. The Tenth Circuit ruled that based on Colorado law, and the Restatement (Second) of Trusts,...

Judge(s):

Kelly, Porfilio, and Matheson

Tag(s):

• 10th Circuit
• Claims
• Bankruptcy Litigation

Miller v. United States Trustee (In re Miller)

• Summarized by Lars Fuller , BakerHostetler
• 10 years 3 months ago

Citation:

Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)

Ruling:

For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just...

Judge(s):

Nugent, Karlin, Somers

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Legislation
• Practice and Procedure
• 101
• 707

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

• Summarized by Lars Fuller , BakerHostetler
• 10 years 3 months ago

Citation:

Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)

Ruling:

Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was...

Judge(s):

Kelly, Ebel, and Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Valuation
• 7056

Christensen v. Madsen (In re Madsen)

• Summarized by Eric Madden , Reid Collins & Tsai LLP
• 10 years 4 months ago

Citation:

Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)

Ruling:

The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice...

Judge(s):

Nugent, Romero, and Somers

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• 7004
• 1334
• 1408
• 1409
• 523

Vaughn v. U.S.A. I.R.S. (In re Vaughn)

• Summarized by David Little , Miller & Law, P.C
• 10 years 4 months ago

Citation:

No. 13-1189 (10th Cir. Aug. 26, 2014)

Ruling:

AFFIRMING the district court, a three judge panel of the Tenth Circuit held that the bankruptcy court’s finding that the Debtor willfully evaded his tax obligations was not clearly erroneous. ...

Judge(s):

Tymkovich, McKay, Matheson

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• 11 U.S.C § 523

U.S.A v. Hale

• Summarized by Michael Cooley , Reed Smith LLP
• 10 years 5 months ago

Citation:

No. 14-13-4099 (10th Cir. Aug. 12, 2014)

Ruling:

The Tenth Circuit affirmed the debtor-appellant’s conviction for attempting to conceal an asset from the trustee in violation of 18 U.S.C. § 152(1) and perpetrating a hoax regarding the...

Judge(s):

Lucero, Hartz, and Holmes.

Tag(s):

• 10th Circuit
• Fraudulent Transfers
• Practice and Procedure
• § 541

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