Larry Russell Homes Company v. Eric Maynor

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 11 months ago

Citation:

21-027 (10th Circuit, Feb 03,2022) Not Published

Case Status:

Reversed

Ruling:

Concluding that the law of the state of a debtor's prepetition domicile governs an exemption claim, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) reversed the decision of the U.S....

Judge(s):

Cathleen D. Parker; Terrence L. Michael; and William T. Thurman

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Real Estate
• Small Business
• Fed. R. Bankr. P. 4003(c); Fed. R. Bankr. P. 9011
• 11 U.S.C. § 522(b)(3)(A)
• (d)

McClave State Bank v. Jay Stum

• Summarized by Michael Cooley , Reed Smith LLP
• 3 years 1 month ago

Citation:

CO-20-055, CO-20-059 (10th Circuit, Dec 01,2021) Not Published

Case Status:

Affirmed

Ruling:

An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...

Judge(s):

Somers, Jacobvitz, and Loyd

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• 523(a)(2)(B)

Glencove Holdings, LLC v. Steven Bloom

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 1 month ago

Citation:

CO-20-043 (10th Circuit, Dec 02,2021) Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed a bankruptcy court's decision that valued the claim of a couple (CRs) at $458,470 and found it nondischargeable under §...

Judge(s):

Dale L. Somers; Robert H. Jacobvitz; and Janice D. Lloyd

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 523(a)(6)

Irene Moden v. Ditech Financial, LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 1 month ago

Citation:

BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...

Judge(s):

SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage

In re: DIANN MARIE CATES

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 2 months ago

Citation:

18-1355 (10th Circuit, Sep 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...

Judge(s):

HOLMES, BRISCOE, and EID

Tag(s):

• 10th Circuit
• Fraudulent Transfers
• Personal Bankruptcy Topics
• § 547

Margaret Kinney v. HSBC Bank USA

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 5 months ago

Citation:

20-1122 (10th Circuit, Jul 23,2021) Published

Case Status:

Affirmed

Ruling:

A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...

Judge(s):

BACHARACH, EBEL, and EID

Tag(s):

• 10th Circuit
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• 1307
• 1322(d)
• 1328(a)

James Perry v. Stephen Judge

• Summarized by Sarah Tomlinson , Summers Compton Wells
• 3 years 5 months ago

Citation:

Bankruptcy Appellate Panel of the Tenth Circuit No. CO-20-050 (10th Circuit, Jul 20,2021) Published

Case Status:

Affirmed

Ruling:

The BAP held the bankruptcy court did not err in finding all of the Plaintiff's injuries resulted from the Debtor's willful and malicious acts, because the record showed the Debtor, the aggressor,...

Judge(s):

The Hons. Cornish, Michael, and Hall

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(6)

Jeanette Wellers v. Peters

• Summarized by Lars Fuller , BakerHostetler
• 3 years 5 months ago

Citation:

BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....

Judge(s):

Cornish, Michael, Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Small Business
• Rule 9019

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 6 months ago

Citation:

20-8048 (10th Circuit, Jul 09,2021) Not Published

Case Status:

Affirmed

Ruling:

In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...

Judge(s):

MATHESON, BACHARACH, and CARSON

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate

Trans-west, Inc. v. Jeffrey Mullins

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 6 months ago

Citation:

20-046 (10th Circuit, Jun 30,2021) Not Published

Case Status:

Affirmed

Ruling:

Discerning no clear error in the post-trial factual findings of the U.S. Bankruptcy Court for the District of Colorado (BC), the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed its...

Judge(s):

Tom R. Cornish; Terrence L. Michael; and Sarah A. Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Commercial Fraud
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 4007
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 523(a)(6); 11 U.S.C. § 523(a)(4)

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