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 v. Glasser (In re Brock), Case Nos. 12-001 (B.A.P. 10th Cir. January 9, 2014) (unpublished)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...
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...
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”...
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...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 4 months 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...
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...
The Tenth Circuit made two findings concerning waived arguments. First, because the argument was not raised before the bankruptcy court, the Court of Appeals rejected Debtors' contention that they...
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.
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.
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...
