Home » 10th Circuit

Sweeden v. Bertola (In re Bertola)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 11 years 10 months ago
Citation:
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)
Ruling:
A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation).
Tag(s):

Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

Citation:
Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC...
Judge(s):
Michael, Romero and Tallman, Bankruptcy Judges.
Tag(s):

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 10 months ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

Williamson v. Westby (In re Westby)

Citation:
Williamson v. Westby (In re Westby), Case No. 11-40986 (10th Cir. B.A.P. Feb. 4, 2013)
Ruling:
Affirming the bankruptcy court, the Tenth Circuit BAP held that a Kansas statute exempting tax refunds attributable to the Earned Income Credit for bankruptcy debtors is constitutional. The BAP...
Judge(s):
Michael, Romero and Tallman, Bankruptcy Judges
Tag(s):

Dill Oil Co., LLC v. Stephens (In re Stephens)

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 11 years 12 months ago
Citation:
Appellate Case Number 11-6309 (Bankruptcy Case No. 10-14028-WV), Document Number 01018983694, entered on January 15, 2013.
Ruling:
The 10th Circuit reversed the bankruptcy court's ruling that the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) abrogated the absolute priority rule (APR), in its entirety as to...
Judge(s):
Kelly and Holmes, Circuit Judges, and William J. Martinez, District Judge (sitting by designation). Opinion by Judge Kelly.
Tag(s):

Royal v. First Interstate Bank (In re Trierweiler)

Citation:
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Judge(s):
Thurman, Brown and Somers.
Tag(s):

Chameleon Entertainment Systems, Inc. v. Weinman (In re Chameleon Entertainment Systems, Inc.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 12 years 1 month ago
Citation:
BAP No. CO-11-087 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
In AFFIRMING the bankruptcy court, the BAP ruled that the bankruptcy court had jurisdiction to approve a settlement entered into between a putative debtor and creditors dismissing the case without...
Judge(s):
Cornish, Rasure, and Somers.
Tag(s):

Mitchell v. Weinman (In re Mitchell)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 1 month ago
Citation:
No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Judge(s):
Cornish, Rasure, and Somers, Bankruptcy Judges.
Tag(s):

RES-GA Memorial, LLC v. Foah (In re Foah)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 12 years 1 month ago
Citation:
RES-GA Mem'l, LLC v. Foah (In re Foah), VAP Case No. NM-12-019 (10th Cir. B.A.P. Dec. 3, 2012)
Ruling:
AFFIRMING the Bankruptcy Court's order granting summary judgment in the Debtor's favor, and holding that the New Mexico exemption statute does not require a life insurance policy's insured to be a...
Judge(s):
Thurman, Chief Judge; Brown, Judge (author); and Somers, Judge.
Tag(s):

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