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...
Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)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...
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.
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 Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).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...
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...
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
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...
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...
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).
