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...
Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
12 years 10 months ago
Citation:
10th Cir. BAP Case No. 12-082 (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court's order granting relief from stay to Bank of America to foreclose on the debtor's house because the bankruptcy court...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 11 months ago
Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling:
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create...
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under...
The bankruptcy court's order was affirmed. The appellants challenged the order based on nothing more than the bankruptcy court's findings concerning the debtor's solvency. According to the...
Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)
Ruling:
Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not...
Summarized by Eric Madden , Reid Collins & Tsai LLP
13 years 3 weeks ago
Citation:
Schoppe v. Comm'r of Internal Revenue, No. 12-9010, slip op. (10th Cir. Mar. 28, 2013)
Ruling:
The Tenth Circuit ruled that the automatic stay under 11 U.S.C. § 362(a)(1) does not apply to a proceeding commenced by the debtor-taxpayer’s petition filed in Tax Court, including any appeal...
Judge(s):
The panel consisted of Judges O'Brien, McKay, and Baldock. Judge McKay authored the opinion for the Court.
Staker v. Jubber (In re Staker), Bankr. No. 11-35404, Adv. No. 12-02032 (10th Cir. B.A.P. Mar. 19, 2013) [Not for Publication]
Ruling:
Dismissing the appeals of the Bankruptcy Court’s orders remanding two quiet title actions to state court, the Tenth Circuit B.A.P. held the appeals were moot and the Debtors lacked the requisite...
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
