Home » 10th Circuit

Market Center East Retail Property, Inc. v. Lurie (In re Market Center East Retail Property, Inc.)

Citation:
BAP No. NM-11-017, Bankr. No. 09-11696, 2012 WL 699792 (B.A.P. 10th Cir. March 6, 2012)
Ruling:
In determining the amount of fees to award a professional under § 330 of the Bankruptcy Code, courts are not limited to the “lodestar” approach (time spent multiplied by hourly rate). Rather...
Judge(s):
MICHAEL, THURMAN, and KARLIN, Bankruptcy Judges
Tag(s):

First National Bank of Durango v. Woods (In re Woods)

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 14 years 3 months ago
Citation:
11-083
Ruling:
A three judge panel of the Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) affirmed the confirmation of a chapter 12 plan of reorganization over the objection of an over-secured...
Judge(s):
Cornish, Michael, and Nugent
Tag(s):

Evans v. The Bank of New York Trust Co., N.A. (In re Evans)

  • Summarized by Megan Adeyemo , Gordon Rees Scully Mansukhani, LLP
  • 14 years 3 months ago
Citation:
No. 11-1096, 2012 U.S. App. LEXIS 3710
Ruling:
The 10th Circuit held that it did not have jurisdiction to review the BAP's decision granting relief from stay because the decision was not designated in Ms. Evans' notice of appeal. In addition,...
Judge(s):
Circuit Judge Kelly, Senior Circuit Judge Porfilio and Circuit Judge Matheson
Tag(s):

Clementson v. Countrywide Financial Corp.

Citation:
Case No: 11-1272 (10th Cir. 2012)
Ruling:
The 10th Circuit Court of Appeals ruled in favor of creditor Bank of America ("BAC" or "Creditor"), as successor in interest to Countrywide Financial, affirming the judgment of the district court.
Judge(s):
Kelly, Murphy and Holmes - Circuit Judges
Tag(s):

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

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 14 years 4 months ago
Citation:
No. 11-1232 (10th Cir. February 1, 2012)
Ruling:
The Tenth Circuit held that Deutsche Bank failed to establish that it was a "party in interest" for purposes of obtaining relief from the automatic stay. The Bank did not prove that it had actual...
Judge(s):
Kelly, Porfilio, and Matheson
Tag(s):

Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc.

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 14 years 6 months ago
Citation:
Case Nos. 10-4182, 10-4193, 10-4215
Ruling:
The District Court orders granting the Defendants' 12(b)(6) motions were affirmed. Initially, the 10th Circuit address two procedural arguments raised by the Defendants. In one of the cases, the...
Judge(s):
Before Lucero, Baldock, and Hartz, Circuit Judges
Tag(s):

Marx v. General Revenue Corp.

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 14 years 6 months ago
Citation:
10-1363
Ruling:
In this Fair Debt Collection Practices Act (FDCPA) case, the Tenth Circuit affirmed judgment for the defendant, debt-collector, General Revenue Corp. (GRC) on two issues. First, the Tenth...
Judge(s):
Kelly and Gilman (Sixth Circuit Judge sitting by designation); Lucero (filing written dissent on both issues).
Tag(s):

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