Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)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).
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 v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)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...
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...
The court affirmed the dismissal of pro se Appellant’s complaint in part and remanded with instructions to modify a portion of the dismissal from a dismissal with prejudice to without prejudice...
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...
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.
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...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 6 months 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...
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...
