Jantz, et al. v. Karch (In re Karch)

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 2 months ago

Citation:

BAP No. CO-12-106 (10th Cir. B.A.P. October 15, 2011).

Ruling:

Concluding that it was proper to reverse and remand a bankruptcy court decision based on an intervening change in the applicable legal standard, the Bankruptcy Appellate Panel reversed and remanded...

Judge(s):

Michael, Nugent, and Somers.

Tag(s):

• 10th Circuit
• Discharge/Dischargeability

Onyeabor v. Centennial Point Owners Association (In re Onyeabor)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 11 years 3 months ago

Citation:

Onyeabor v. Centennial Pointe Owners Ass’n, et al., Case No. 13-4037 (10th Cir. October 9, 2013) (unpublished)

Ruling:

Conversion is appropriate where plan makes no provision for repayment of prepetition secured claims, where Debtor’s income is insufficient to support her plan or even the Appellees’ judgment...

Judge(s):

Briscoe, Anderson, Brorby

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• § 1307

Barney v. Robinson (In re Harry Ville Talermo)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 11 years 3 months ago

Citation:

In re Harry Ville Talermo, 10th Cir. BAP., WY-13-021 (September 23, 2013) [NOT FOR PUBLICATION]

Ruling:

In an unpublished opinion, the bankruptcy appellate panel for the 10th Circuit, reversed and remanded the bankruptcy court's order granting the trustee's motion for summary judgment, which...

Judge(s):

Bankruptcy Judges: Nugent, Karlin and Somers

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Bankruptcy Litigation
• Fraudulent Transfers
• Preferences
• Venue/Jurisdiction
• Uniform Commercial Code/Article 9
• Rule 8001
• Rule 8012
• Rule 7056
• 545
• 547
• § 101
• § 542
• § 544

C.L. Frates & Co v. Westchester Fire Insurance

• Summarized by Ryan Heilman , Heilman Law PLLC
• 11 years 4 months ago

Citation:

C.L. Frates & Co v. Westchester Fire Ins., Case No. 12-6274, 2013 U.S. App. LEXIS 18340 (10th Cir. Sept. 4, 2013).

Ruling:

The 10th Circuit found that a reasonable trier of fact could conclude that the plaintiff's insurance claim "arose out of" bankruptcy or insolvency, which was excluded from coverage, reversed the...

Judge(s):

Holmes, Bacharach, and Phillips

Tag(s):

• 10th Circuit
• Insurance

Queen v. TA Operating, LLC

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 4 months ago

Citation:

No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).

Ruling:

Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...

Judge(s):

Tymovich, Ebel, and O’Brien.

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Practice and Procedure
• Rule 1007
• Rule 1009

Robert G. Wing v. Bernard C. Buchanan, et al.

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 11 years 5 months ago

Citation:

U.S. Court of Appeals, 10th Circuit, Case No. 12-4123; Appeal from the U.S. District Court, District of Utah, Case No. 2:08-cv-00803

Ruling:

The 10th Circuit reversed the summary judgment order and remanded the case. At issue was the applicable statute of limitations. The limitations period under Utah's UFTA is four years from the...

Judge(s):

Briscoe, Chief Judge; Brorby, Senior Circuit Judge; and Murphy, Circuit Judge.

Tag(s):

• 10th Circuit
• Business Reorganization
• Commercial Fraud
• Fraud
• Fraudulent Transfers

Maestas v. Old World Construction, Inc. (In re Maestas)

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 11 years 5 months ago

Citation:

BAP No. CO-12-100, Appeal from U.S. Bankr. Ct., D. Colo., Case No. 12-20125

Ruling:

The BAP held that the appeal was not rendered moot by the abandonment of the property, and affirmed the bankruptcy court's order denying the debtors' claim of exemption. The BAP held that the...

Judge(s):

Michael, Jacobvitz, and Marker. Opinion by Hon. Joel T. Marker, U.S. Bankruptcy Judge, District of Utah.

Tag(s):

• 10th Circuit
• Consumer Bankruptcy

Hall v. North American Mortgage Co. (In re Hall)

• Summarized by Benjamin Ellison , Salish Sea Legal PLLC
• 11 years 5 months ago

Citation:

unpublished

Ruling:

The Bankruptcy Court abstained from hearing the Halls' adversary proceeding based on the fact all their claims involved state law and had already been resolved by the Oklahoma Court of Civil...

Judge(s):

Cornish, Nugent, Romero

Tag(s):

• 10th Circuit
• Mortgage
• Bankruptcy Litigation
• Predatory Lending
• Venue/Jurisdiction

Rajala v. Taylor (In re Taylor)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 5 months ago

Citation:

Rajala v. Taylor (In re Taylor), BAP No. KS-13-020 (BAP 10th Cir. July 22, 2013)

Ruling:

Tenth Circuit BAP panel affirmed bankruptcy court's entry of default judgment revoking discharge against debtor.

Judge(s):

J. Thurman (Chief Judge), J. Michael, and J. Jacobvitz

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Bankruptcy Litigation
• Practice and Procedure
• Rule 7055
• § 727

Goddard v. Heldt (In re A. Heldt)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 7 months ago

Citation:

Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)

Ruling:

The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...

Judge(s):

Justices Lucero, Anderson, and Baldock.

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Family/Divorce Issues
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Real Estate
• § 541
• § 544

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