Willess v. US

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 9 months ago

Citation:

Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)

Ruling:

Appellant lacked standing to appeal dismissal of lower court action because his personal injury claim became property of the bankruptcy estate when he filed for chapter 7 bankruptcy protection and...

Judge(s):

Tymkovich, Anderson, Bacharach

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• 7017
• § 541

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

• Summarized by Michael Cooley , Reed Smith LLP
• 10 years 9 months ago

Citation:

BAP No. KS-12-110 (10th B.A.P. Mar. 18, 2014)

Ruling:

The Tenth Circuit BAP affirmed the bankruptcy court’s decision to recharacterize as equity investments the approximately $4.3 million claims.

Judge(s):

Thurman, Cornish, and Mosier.

Tag(s):

• 10th Circuit
• Claims
• Bankruptcy Litigation

Saracino v. Northpark East Assoc. (In re Saracino)

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

Citation:

Saracino v. Northpark East Assoc. (In re Saracino), BAP No. CO-13-031 (10th Cir. BAP March 14, 2014)

Ruling:

The bankruptcy appellate panel affirmed a decision dismissing the debtor's motion for contempt, finding insufficient evidence of any willful violations of the automatic stay.

Judge(s):

Michael, Nugent, and Somers

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Bankruptcy Litigation

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

• Summarized by Mark Mcilvaine ,
• 10 years 10 months ago

Citation:

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Ruling:

Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a...

Judge(s):

Judge Michael, Judge Jacobvitz, and Judge Marker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Rule 8002
• § 362
• § 363
• § 506

Williamson v. Murray (In re Murray)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 10 months ago

Citation:

Williamson v. Murray (In re Murray), Case No. KS-13-034; Baer v. Beach (In re Beach), Case No. KS-13-037 (B.A.P. 10th Cir. March 4, 2014) (published)

Ruling:

Chapter 7 trustees’ strong arm rights and powers apply to property of the estate, but do not extend to property specifically exempted by state law and determined to be an integral part of a...

Judge(s):

Thurman, Cornish, Mosier (Cornish)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• 8020
• 522
• 544

Gordon v. Bank of America, N.A. (In re Gordon)

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 10 years 10 months ago

Citation:

Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals

Ruling:

Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his...

Judge(s):

Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Certification
• Plan Confirmation
• Practice and Procedure

Mitchell v. Weinman, et al. (In re Mitchell)

• Summarized by Benjamin Ellison , Salish Sea Legal PLLC
• 10 years 11 months ago

Citation:

2014 WL 541877

Ruling:

The Court of Appeals rejected debtors' objections that underlying settlement conceding involuntary bankruptcy was void under FRCP 60(b)(4) because requirements for involuntary bankruptcy under 11...

Judge(s):

Lucero, Baldock, Brorby

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• 303

Clark v. Zwanziger (In re Zwanziger)

• Summarized by Michael Cooley , Reed Smith LLP
• 10 years 11 months ago

Citation:

No. 110-080-WO (10th Cir. January 28, 2014).

Ruling:

Emphasizing the fact that issue preclusion generally applies to a decision on the merits of an issue that has been actually litigated, the Tenth Circuit held that issue preclusion does not apply to...

Judge(s):

Tymkovich, Holloway (dissenting), and Gorsuch.

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fraud
• Practice and Procedure

Rushton v. ANR Company, Inc, et al. (In re C.W. Mining Co.)

• Summarized by Michael Cooley , Reed Smith LLP
• 10 years 11 months ago

Citation:

No. 12-4091 (10th Cir. January 22, 2014).

Ruling:

With one exception (discussed below), the Tenth Circuit affirmed the district court’s dismissal of various consolidated bankruptcy appeals as statutorily moot by operation of § 363(m).

Judge(s):

Tymkovich, Brorby, and Murphy.

Tag(s):

• 10th Circuit
• Asset Sales
• Bankruptcy Litigation
• Fraudulent Transfers
• § 363
• § 549

Brock v. Glasser (In re Brock)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 11 years 2 days ago

Citation:

Brock, et al. v. Glasser (In re Brock), Case Nos. 12-001 (B.A.P. 10th Cir. January 9, 2014) (unpublished)

Ruling:

The BAP affirmed the allowance of a claim filed by a creditor of a revocable inter vivos trust settled by Chapter 11 individual Debtors holding that since the assets of the revocable inter vivos...

Judge(s):

Thurman, Cornish, Mosier (Thurman)

Tag(s):

• 10th Circuit
• Claims
• Bankruptcy Litigation
• 3007
• 8002
• 8009
• 502
• 541

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