Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 7 months ago
Citation:
11-1068 (D.C. No. 1:10-01799-ZLW-MJW)
Ruling:
The automatic stay applies to all appeals of civil cases that were originally brought against the debtor, including appeals in which the debtor is the appellant. The Tenth Circuit Court of Appeals...
Case No. 10-7042 (D.C. No. 6:08-CV-00347-KEW) (E.D. Okla.)
Ruling:
Defendant/Appellant Wilson lacked standing to bring this appeal because, under Wilson's theory of the case, he could not demonstrate that any decision from the Court of Appeals could redress an...
Judge(s):
Briscoe, Chief Judge, Ebel and O'Brien, Circuit Judges
The court of appeals affirmed the district court's grant of summary judgment for defendant-credit-reporting-agencies on plaintiff-debtor's Fair Credit Reporting Act (FCRA) claims. Summary judgment...
The Court affirmed the district court's ruling that the economic loss rule barred the plaintiff's claims for negligent misrepresentation and professional negligence. In applying Colorado law,...
Judge(s):
Terrence L. O'Brien, Mary Beck Briscoe, William J. Holloway
Healthtrio, Inc. v. Centennial River Corp. (In re Healthtrio, Inc.) No. 10-1351 (10th Cir. Aug. 5, 2011)
Ruling:
Affirmed. BAP did not have jurisdiction to review an "order for relief" entered by a bankruptcy judge serving in the District of Delaware where a Delaware bankruptcy judge entered an order for...
Judge(s):
Brorby, Senior Circuit Judge, Holmes and Anderson, Circuit Judges
United States Court of Appeals for the Tenth Circuit, Case No. 09-3129, US v. Dawes et al. (In re Dawes), June 21 2011.
Ruling:
United States Court of Appeals for the Tenth Circuit held that post-petition income taxes incurred during Chapter 12 proceedings are liabilities of the individual debtors and not the bankruptcy...
Summarized by Eric Madden , Reid Collins & Tsai LLP
15 years 1 month ago
Citation:
Schulman v. Lamphere (In re Lamphere), No. 10-6213 (10th Cir. May 4, 2011)
Ruling:
The Tenth Circuit affirmed the bankruptcy court’s decision not to apply collateral estoppel to a default judgment entered by a New Jersey state court. Even though the defendant had appeared and...
Summarized by Amy Quackenboss , American Bankruptcy Institute
15 years 2 months ago
Citation:
C.O.P. Coal Development Co. V. C.W. Mining Co. (In re C.W. Mining Co.), Case No. 10-4054 (10th Cir., April 19, 2011)
Ruling:
The Tenth Circuit upheld the decision of the bankruptcy court, which determined that the Coal Operating Agreement between the debtor and C.O.P. was property of the estate and could be assumed and...
(1) A chapter 13 confirmation order is a "lawful order of the court" for the purposes of section 727(a)(6)(A), which grants the court the power to dismiss a Chapter 7 petition if a debtor refuses...
