Home » 10th Circuit

Thomas v. Federal National Mortgage (In re Thomas)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 5 months ago
Citation:
Thomas v. Fed. Nat’l Mortgage Ass’n, Case No. 13-6281 (10th Cir. July 29, 2014)
Ruling:
Holder of promissory note made a sufficient showing that it had possession of the original note to confer standing to seek an order under 11 U.S.C. § 362(j).
Judge(s):
Matheson, Ebel, Philips
Tag(s):

Cherry v. Neuschafer (In re Neuschafer)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 7 months ago
Citation:
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling:
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except...
Judge(s):
Romero, Jacobvitz, and Hall
Tag(s):

David v. Pham (In re Nguyen)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 8 months ago
Citation:
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)
Ruling:
A transfer by quit claim deed for no consideration of real property in which Debtor holds only bare legal title is not avoidable under § 548 since the conveyance was not a transfer of an interest...
Judge(s):
Thurman, Cornish, Mosier
Tag(s):

Knaub v. Rollison (In re Rollison)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 8 months ago
Citation:
Knaub v. Rollison, No. 13-1503 (10th Cir. May 9, 2014)
Ruling:
Tenth Circuit ruled that it lacked jurisdiction to review appeal of BAP's reversal and remand order. Tenth Circuit ruled that because BAP remanded to bankruptcy court to take evidence and rule on...
Judge(s):
Holmes, Anderson, and Baldock
Tag(s):

Muth v. Muth (In re Muth)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 8 months ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Tag(s):

C.W. Mining Co. v. Bank of Utah

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 10 years 9 months ago
Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

Larson v. Sharp

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 10 years 9 months ago
Citation:
B.A.P. 10th Cir. 13-053 (April 11, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of...
Judge(s):
Karlin, Jacobvitz, and Hall
Tag(s):

Borges v. AG New Mexico (In re Borges)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 9 months ago
Citation:
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling:
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the...
Judge(s):
Michael, Nugent, and Somers
Tag(s):

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