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...
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).
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...
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)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...
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...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 11 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Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]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In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of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.
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...
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...