Home » 10th Circuit

Thurner Industries, Inc., et al. v. Gunnison Energy Corp. (In re Riviera Drilling & Exploration Co.)

Citation:
--- B.R. ----, 2013 WL 6623647
Ruling:
Although there is a 300-day deadline for filing a plan of reorganization and disclosure statement in a small business Chapter 11 bankruptcy, such deadline applies only to the debtor, and does not...
Judge(s):
Michael, Nugent, and Somers
Tag(s):

Wadsworth v. The Word of Life Christian Center (In re McGough)

Citation:
No. 12-1142 (10th Cir. December 16, 2013).
Ruling:
In a case of first impression at the circuit level, the Tenth Circuit held that, where the contribution exceeds 15% of the debtor’s gross annual income, the “charitable contribution”...
Judge(s):
O’Brien, Holmes, and Matheson.
Tag(s):

Taylor v. Taylor (In re Eloisa Maria Taylor)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 11 years 1 month ago
Citation:
Taylor v. Taylor (In re Taylor), Case Nos. 12-2163 & 12-2167 (B.A.P. 10th Cir. December 9, 2013) (published)
Ruling:
§ 523(a)(5) requires that the party seeking to have a debt declared non-dischargeable prove that the debt is in the nature of support to that party and it is the substance of the agreement that...
Judge(s):
Briscoe, Seymour, Lucero (Briscoe)
Tag(s):

Clark v. Peters (In re Bryan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 1 month ago
Citation:
In Re Bryan, 10th Cir. Court of Appeals, (No. 12-1485) December 5, 2013
Ruling:
In a decision in which the court affirmed in part, reversed in part and remanded for the lower courts consideration, the court held that Mr. Clark’s judgment lien recorded in 2004 attached to the...
Judge(s):
Paul KELLY, LUCERO, and MATHESON, Circuit Judges.
Tag(s):

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Company (In re Ute Mesa Lot 1, LLC)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 11 years 1 month ago
Citation:
No. 12-1134 (10th Cir. Nov. 25, 2013)
Ruling:
The filing of a notice of lis pendens against real property in Colorado is not a preferential “transfer of an interest in property” within the meaning of § 547(b). In affirming the bankruptcy...
Judge(s):
Kelly, Lucero, and Matheson, Circuit Judges.
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 11 years 1 month ago
Citation:
United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
Ruling:
The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's...
Judge(s):
Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
Tag(s):

Rushton v. SMC Electrical Products, Inc (In re C.W. Mining Company)

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 11 years 2 months ago
Citation:
United States Bankruptcy Appellate Panel of the Tenth Circuit, No. UT-13-026
Ruling:
The BAP affirmed the bankruptcy court's ruling, on summary judgment, that the debt between the debtor and creditor-defendant was incurred in the ordinary course of the parties' businesses, and the...
Judge(s):
Cornish, Karlin, and Romero, Bankruptcy Judges. Opinion by Judge Karlin.
Tag(s):

Knaub v. Rollison (In re Rollison)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 11 years 2 months ago
Citation:
Knaub, et al. v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)
Ruling:
Under § 523(a)(2)(A), Plaintiff must prove that Debtor’s promise to build a new house – the misrepresentation - caused Plaintiff’s damages and any such damages are limited to those incurred...
Judge(s):
Thurman, Cornish, Karlin
Tag(s):

Freeman v. Loomas (In re Loomas)

Citation:
B.A.P. (10th Cir October 15, 2013) Case No. CO-13-017
Ruling:
AFFIRMING the bankruptcy court's order denying debtor's motion for extension of time.
Judge(s):
Thurman, Cornish, and Karlin
Tag(s):

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