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...
Onyeabor v. Centennial Pointe Owners Ass’n, et al., Case No. 13-4037 (10th Cir. October 9, 2013) (unpublished)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...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 6 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In re Harry Ville Talermo, 10th Cir. BAP., WY-13-021 (September 23, 2013) [NOT FOR PUBLICATION]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In an unpublished opinion, the bankruptcy appellate panel for the 10th Circuit, reversed and remanded the bankruptcy court's order granting the trustee's motion for summary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...
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...
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...
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...
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.
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...
