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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

IN RE: JOHN Q. HAMMONS FALL 2006, LLC

Citation:
KS-16-037 (10th Circuit, Dec 28,2017) Not Published
Case Status:
Affirmed
Ruling:
Questions of whether an entity is eligible to be a debtor under Bankruptcy Code § 109 or had the proper corporate authorization to file its case are not jurisdictional; accordingly, the bankruptcy...
Judge(s):
Michael, Romero, and Hall
Tag(s):

Burgess v. Coffey (In re Wasson Properties, Inc.)

Citation:
BAP No. WO-17-020 (10th Circuit, Dec 15,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Judge(s):
Karlin, Somers, Jacobvitz
Tag(s):

Jennings v. Royal

Citation:
WY-17-002 (10th Circuit, Nov 21,2017) Not Published
Case Status:
Affirmed
Ruling:
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Judge(s):
Nugent, Somers, Mosier (Nugent)
Tag(s):

The Slovak Republic v. Loveridge (In re Eurogas, Inc.)

Citation:
16-6014 (10th Circuit, Nov 17,2017) Published
Case Status:
Affirmed
Ruling:
The appellant, Hefner, did not have standing to appeal the district court's order holding that Hefner had standing to object to a settlement approved by the bankruptcy court. The court of appeals...
Judge(s):
KELLY, MURPHY, MORITZ
Tag(s):

Elliot v. Ward (In re Sandridge Energy, Inc. Shareholder Derivative Litigation)

Citation:
16-6014 (10th Circuit, Nov 17,2017) Published
Case Status:
Affirmed
Ruling:
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
Judge(s):
KELLY, MURPHY, MORITZ
Tag(s):

CARNS v MCNALLY

Citation:
CO-17-001 (10th Circuit, Sep 15,2017) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Tenth Circuit affirmed the bankruptcy court's determination that a creditor failed to meet his burden of proof under sections 727(d)(1) and 523(a)(3) where the...
Judge(s):
Michael, Hall, Thuma
Tag(s):

Sian v. Montoya (In re Sandia Resorts, Inc.)

Citation:
NM-17-003 (10th Circuit, Aug 30,2017) Not Published
Case Status:
Affirmed
Ruling:
The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
Judge(s):
Karlin, Nugent, Mosier (Karlin)
Tag(s):

Weinman v. Kelley (In re Kelley)

Citation:
16-1498 (10th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...
Judge(s):
Lucero, Holmes, Bacharach
Tag(s):

A. Kershaw, P.C. v. Spangler

Citation:
16-1483 (10th Circuit, Jul 10,2017) Not Published
Case Status:
Affirmed
Ruling:
In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...
Judge(s):
Matheson, Phillips, McHugh (Matheson)
Tag(s):

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