Home » 10th Circuit

Anderson v. Cranmer (In re Cranmer)

  • Summarized by Adam Kunst , Casner & Edwards, LLP
  • 12 years 2 months ago
Citation:
Anderson v. Cranmer (In re Cranmer) Case No. 12-4002 (10th Cir. Oct. 24, 2012)
Ruling:
Social Security income need not be included in the calculation of projected disposable income for a Chapter 13 repayment plan. Not including Social Security income in the calculation of projected...
Judge(s):
Murphy (author), Holloway, and O'Brien
Tag(s):

Valley Bank and Trust Co. v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.)

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 12 years 2 months ago
Citation:
Valley Bank and Trust Co. v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.), No. 11-1453 (October 16, 2012)
Ruling:
REVERSING the District Court, the 10th Circuit held Federal law permits a FCC licensee to grant a security interest in the economic value of its license, and Nebraska law recognizes that a security...
Judge(s):
Murphy, Hartz, and Tymkovich, Circuit Judges
Tag(s):

Taylor v. Taylor (In re Taylor)

  • Summarized by Daniel Glasser , Chipman Glasser LLC
  • 12 years 4 months ago
Citation:
Taylor v. Taylor (In re Taylor), No. NM-11-103, NM-11-107 (B.A.P. 10th Cir. Sept. 5, 2012)
Ruling:
Affirming the bankruptcy court, the Tenth Circuit BAP found that the obligation to refund an overpayment of spousal support is not dischargeable under 11 U.S.C. § 523(a)(15). The plain and...
Judge(s):
Nugent, Karlin and Hall
Tag(s):

Rushton v. Bank of Utah (In re C.W. Mining Co.)

  • Summarized by Daniel Glasser , Chipman Glasser LLC
  • 12 years 4 months ago
Citation:
Kenneth A. Rushton v. Bank of Utah, BAP No. UT-11-098 (B.A.P. 10th Cir. Sept. 5, 2012).
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's denial of the Chapter 7 Trustee's Motion for Summary Judgment. The bankruptcy court properly denied the Trustee's avoidance claim under 11...
Judge(s):
Nugent, Karlin and Hall
Tag(s):

Woolsey v. Citibank, N.A. (In re Woolsey)

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 12 years 4 months ago
Citation:
Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
Ruling:
AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
Judge(s):
Gorsuch, Holmes, and Matheson
Tag(s):

Oklahoma Department of Securities v. Wilcox

  • Summarized by Daniel Glasser , Chipman Glasser LLC
  • 12 years 4 months ago
Citation:
Okla. Dep't of Secs. ex rel. Faught, Nos. 10-6056 & 10-6057, 2012 U.S. App. LEXIS 17507 (10th Cir. Aug. 20, 2012).
Ruling:
REVERSING the District Court, the 10th Circuit held that Debtors were entitled to a discharge of a claim related to Debtors' unjust enrichment from proceeds of a Ponzi scheme because such proceeds...
Judge(s):
Briscoe, Holloway and O’Brien (Briscoe dissenting).
Tag(s):

DSC National Properties, LLC v. Johnson (In re Johnson)

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 12 years 5 months ago
Citation:
DSC National Properties, LLC v. Johnson (In re Johnson), No. UT-11-105 (B.A.P. 10th Cir. Aug. 15, 2012).
Ruling:
B.A.P. held that bankruptcy court applied the wrong legal standard when determining "intent to deceive" which requires that debtor act with the subjective intent to deceive the creditor in the...
Judge(s):
Brown, Rasure, and Somers, Bankruptcy Judges
Tag(s):

Search Market Direct, Inc. v. Jubber (In re Paige)

Citation:
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
Tag(s):

Wogoman v. IRS (In re Wogoman)

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 12 years 6 months ago
Citation:
Wogoman v. IRS (In re Wogoman), BAP No. CO-11-084 (B.A.P. 10th Cir. July 3, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Bankruptcy Appellate Panel of the Tenth Circuit held Section 523(a)(1)(B)(i) excepts from discharge any debt for a tax with respect to which a return was not...
Judge(s):
CORINISH, RASURE, and SOMERS
Tag(s):

Kline v. Deutsche Bank National Trust Co. (In re Kline)

  • Summarized by David Little , Miller & Law, P.C
  • 12 years 7 months ago
Citation:
BAP No. NM-11-088 (B.A.P. 10th Cir. June 1, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, a three judge panel of the 10th Circuit BAP held that (1) a foreclosing creditor did not willfully violate the automatic stay by serving an amended foreclosure...
Judge(s):
Brown, Rasure, Romero
Tag(s):

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