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In re Edwin Earl Elliott

Summarizing by Bradley Pearce

In re Donald and Jane Nichols

Summarizing by Lars Fuller

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):

In re: JEFFREY KENT GRACY

Citation:
16-3281 (10th Circuit, May 24,2017) Not Published
Case Status:
Affirmed
Ruling:
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
Judge(s):
Briscoe, Holmes, Phillips
Tag(s):

Sender v. Werth (In re Werth)

Citation:
CO-16-022 (10th Circuit, May 08,2017) Not Published
Case Status:
Affirmed
Ruling:
Property transferred from a trust to debtor individually prior to the petition date became property of the bankruptcy estate and the proceeds from the postpetition sale of that property were...
Judge(s):
Karlin, Jacobvitz, Mosier (Jacobvitz)
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
660 Fed Appx 696 (10th Cir. Nov. 14, 2016) (10th Circuit, Nov 14,2016) Published
Case Status:
Affirmed
Ruling:
An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

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