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

  • Summarized by David Little , Miller & Law, P.C
  • 13 years 10 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):

Soule v. Willcut (In re Willcut)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 10 months ago
Citation:
Soule v. Willcut (In re Willcut), BAP Case No. 11-023 (10th Cir. B.A.P. May 29, 2012)
Ruling:
AFFIRMING the bankruptcy court's order, the 10th Circuit Bankruptcy Appellate Panel held that the phrase "value of an interest in . . . real [ ] property" in Section 522 of the Bankruptcy Code is...
Judge(s):
Nugent, Karlin, and Romero, Bankruptcy Judges.
Tag(s):

Brown Commercial Construction Co. v. Corbin Park, L.P. (In re Corbin Park, L.P.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 11 months ago
Citation:
Case No. KS-10-084 (B.A.P. 10th Cir. May 7, 2012)
Ruling:
The Bankruptcy Appellate Panel ("BAP") for the Tenth Circuit AFFIRMED the bankruptcy court's order ruling that a lender's mortgage interest in property has priority over mechanics' lien claims. ...
Judge(s):
Cornish, Michael, and Thurman
Tag(s):

Waldo v. Ocwen Loan Servicing, LLC

Citation:
Case No. 2:-10-CV-00928-CW (10th Cir. May 18, 2012)
Ruling:
The Court of Appeals AFFIRMED the district court's ruling that the plaintiff's (Charles and Ethanne Waldo) claims could have been litigated in the federal bankruptcy action and previous state court...
Judge(s):
Circuit Judges Murphy, Baldock and Hartz.
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 13 years 11 months ago
Citation:
Case No. 11-037, Bankruptcy Appellate Panel of the Tenth Circuit (the “BAP”)
Ruling:
Federal National Mortgage Association (“FNMA”) lacked standing to seek a “comfort order” that the automatic stay had been terminated pursuant to 11 U.S.C. 362(c)(3)(A). Citing In re...
Judge(s):
Thurman, Nugent and Romero
Tag(s):

Gladwell v. Reinhart (In re Reinhart)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 12 months ago
Citation:
Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished
Ruling:
The Tenth Circuit Court of Appeals held that (i) the debtor's Keogh retirement plan was generally exempt under Utah state law because it substantially complied with the IRS tax requirements, (ii)...
Judge(s):
Kelly, Holloway, and Murphy.
Tag(s):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

Clark v. Zwanziger (In re Zwanziger)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 1 week ago
Citation:
Clark v. Zwanziger (In re Zwanziger), BAP WO-11-080, 2012 WL 1098266, --- B.R. --- (10th Cir. B.A.P. Apr. 3, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Tenth Circuit (the “B.A.P.”) ruled that: (a) an award of damages by the U.S. District Court for the Western District of Oklahoma (the “District...
Judge(s):
Brown, Karlin, Somers
Tag(s):

Wadsworth v. The Word of Life Christian Center (In re McGough)

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 14 years 1 week ago
Citation:
Tenth Circuit Bankruptcy Appellate Panel (the "10th Cir. BAP"), Case No. 11-038
Ruling:
The "safe harbor" for charitable contributions in 11 U.S.C. 548(a)(2)(A) protects transfers up to an aggregate amount equal to 15% of a debtor's annual gross income. As a result, for a...
Judge(s):
Michael, Thurman and Karlin
Tag(s):

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