Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 6 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...
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...
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...
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...
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...
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 ...
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).
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...
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.
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...
