Home » 10th Circuit

Solomon v. Baer & Timberlake, P.C.

Citation:
Court of Appeals Case No. 12-6118 (10th Cir. December 3, 2012) - Western District of Oklahoma
Ruling:
AFFIRMING the district court's summary judgment in favor of defendants (creditors HSBC, ASC and B&T) based on claims of Fair Debt and Collection Practices Act on behalf of Mr. Solomon, the plaintiff.
Judge(s):
Kelly, O'brien and Matheson.
Tag(s):

Satterfield v. Malloy

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 12 years 1 month ago
Citation:
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Judge(s):
Lucero, O'Brien and Matheson
Tag(s):

Castro v. Kondaur Capital Corp. (In re Castro)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 1 month ago
Citation:
In re Castro, 2012 WL 5935957 (10th Cir. Nov. 28, 2012)
Ruling:
Appellant that was neither debtor nor creditor and had no interest in real property or, at best, such interest was subordinate, lacked standing to object to creditor’s motion for relief from...
Judge(s):
Lucero, Tymkovich, and Holmes
Tag(s):

Keyser v. Wasatch Towers Condominium Owners Association, Inc. (In re Keyser)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 1 month ago
Citation:
No. 12-4114 (10th Cir. Nov. 27, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel, the Tenth Circuit dismissed an appeal by Steven Keyser (“Debtor”) for lack of jurisdiction because his notice of appeal was untimely under Fed. Rul....
Judge(s):
Murphy, Ebel, and Hartz, Circuit Judges.
Tag(s):

Rayner v. Reeves (In re Reeves)

Citation:
10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
Judge(s):
Lucero, Tymkovich and Holmes.
Tag(s):

Hawks Holdings, LLC v. Kalinowski (In re Kalinowski)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 1 month ago
Citation:
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Judge(s):
Thurman, Brown, and Somers
Tag(s):

Santander Consumer USA, Inc. v. Houlik (In re Houlik)

Citation:
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Judge(s):
Cornish, Brown and Rasure.
Tag(s):

Woodman v. Concept Construction, LLC (In re Woodman)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 2 months ago
Citation:
Woodman v. Concept Construction, LLC (In re Woodman); -- F. 3d --; 2012 WL 5259193 (10th Cir. Oct. 25, 2012)
Ruling:
A dismissal of an appeal after docketing must meet the standards of Fed. R. Bankr. P. 8001(c)(2) failing which, such appeal remains pending thereby rendering the filing of a second appeal to the US...
Judge(s):
Lucero, Hartz and O'Brien
Tag(s):

Ball Kelly, LLC v. Bank of America, N.A.

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 2 months ago
Citation:
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Judge(s):
Kelly, Baldock, and Ebel (10th Circuit).
Tag(s):

Cohen v. Borgman (In re Borgman)

  • Summarized by Sarah Smegal , Hackett Feinberg PC
  • 12 years 2 months ago
Citation:
In re Borgman, --- F.3d ----, 2012 WL 5201347 (10th Cir. Oct. 23, 2012)
Ruling:
The Tenth Circuit REVERSED the BAP and REINSTATED the orders of the Bankruptcy Court disallowing claimed exemptions of tax refunds. "The amount of a federal tax refund equivalent to the...
Judge(s):
Tymkovich, Ebel, Holmes
Tag(s):

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