Home » 10th Circuit

Akeem Makeen v. Woodstream Falls Condominium

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 3 months ago
Citation:
BAP No. CO-20-006 & CO-20-026 (10th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed orders of bankruptcy court (D. Colo.) dismissing debtor's complaint, striking debtor's repetitive filings, and sanctioning debtor for abusive conduct. Bankruptcy court...
Judge(s):
Cornish, Michael, Loyd
Tag(s):

McDaniel v. Navient Solutions

Citation:
18-1445 (10th Circuit, Aug 31,2020) Published
Case Status:
Affirmed
Ruling:
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
Judge(s):
BRISCOE, HOLMES, and EID
Tag(s):

In re Wagenknecht and Colbert

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 3 months ago
Citation:
19-1206 (10th Circuit, Aug 24,2020) Published
Case Status:
Reversed
Ruling:
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Judge(s):
Briscoe, Ebel, Lucero
Tag(s):

First American Title Insurance v. Michael Smith

Citation:
BAP No. UT-19-035 (10th Circuit, Aug 18,2020) Published
Case Status:
Affirmed
Ruling:
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

In re David and Terry Stewart

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 3 months ago
Citation:
Nos. 19-6103 & 19-6104 (10th Circuit, Aug 14,2020) Published
Case Status:
Reversed and Remanded
Ruling:
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
Judge(s):
Hartz, Baldock, Eid
Tag(s):

GPIF Aspen Club LLC v. The Aspen Club & Spa, LLC

Citation:
BAP No. CO-19-043 (10th Circuit, Jul 24,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

Wendy Owens v. Randy Royal, Chapter 7 Trustee

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 10 months ago
Citation:
BAP No. WY-19-027 (10th Circuit, Jan 29,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Judge(s):
Nugent, Michael, Mosier
Tag(s):

Raphael Glapion v. John Mashburn

Citation:
WO-19-030 (10th Circuit, Jan 30,2020) Not Published
Case Status:
Affirmed
Ruling:
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
Judge(s):
Nugent, Michael, and Mosier
Tag(s):

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 4 days ago
Citation:
BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Judge(s):
Cornish, Hall, Loyd
Tag(s):

Pino v. Jensen (In re Jensen)

Citation:
No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published
Case Status:
Affirmed
Ruling:
Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...
Judge(s):
Nugent, Cornish, Hall
Tag(s):

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