Frank McIntyre v. Active Energies Solar LLC

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

Citation:

20-1211 (10th Circuit, Jun 10,2021) Not Published

Case Status:

Dismissed

Ruling:

In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...

Judge(s):

Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Professional Practice Areas
• Fed. R. Bankr. P. 9023
• 9024; Fed. R. Civ. P. 59
• 60

Kelli Allen v. Yvette Gonzales, Chapter 7 Trustee

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 7 months ago

Citation:

20-038 (10th Circuit, Jun 07,2021) Not Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy appellate Panel of the Tenth Circuit (BAP) reversed the denial of two chapter 7 debtors’ exemption claim, pursuant to section 522 of the Code and New Mexico state law, in the...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 4003(b)
• 11 U.S.C. § 522

Rick Warren v. Alexander Bednar

• Summarized by Sarah Tomlinson , Summers Compton Wells
• 3 years 8 months ago

Citation:

United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...

Judge(s):

The Hons. Romero, Somers, and Parker

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Consumer Bankruptcy
• 11 U.S.C. § 362(c)(4)(A)(i); 11 U.S.C. § 1326(a)(2)

Jill Bednar v. Rick Warren

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 8 months ago

Citation:

20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Govt. Claims/Sovereign Immunity
• 11 US.C. § 1326
• 11 US.C. § 349(b)
• 11 US.C. § 362(c)(4)(A)

In re Holly Macintyre

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 9 months ago

Citation:

20-1199 (10th Circuit, Apr 01,2021) Not Published

Case Status:

Affirmed

Ruling:

Reviewing the decision of the U.S. Bankruptcy Court for the District of Colorado (BC), the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed its dismissal of a debtor’s adversary...

Judge(s):

Jerome A. Holmes; Carolyn B. McHugh; and Nancy L. Moritz

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Valuation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 524; 11 U.S.C. § 105

Victor Kearney v. Unsecured Creditors Committee

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 9 months ago

Citation:

BAP No. NM-20-033 (10th Circuit, Mar 12,2021) Published

Case Status:

Affirmed

Ruling:

An individual who files a chapter 11 case does not have an absolute right under § 1112(a) to convert her bankruptcy case to a chapter 7 proceeding. Section 1112(a) of the Bankruptcy Code is...

Judge(s):

ROMERO, SOMERS, and PARKER

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• 1112(a)
• 1112(f)
• 706(b)

Victor Kearney v. Unsecured Creditors Committee

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 10 months ago

Citation:

19-2209 (10th Circuit, Feb 24,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...

Judge(s):

Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Court Administration
• Creditors' Committee
• Ethics
• Financial Advisors
• Fraud
• Plan Confirmation
• Practice and Procedure
• Professional Compensation/Fees
• Valuation
• Venue/Jurisdiction
• Commercial Fraud
• Finance and Banking
• Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 1129(a)(3)

In re Thomas Crow

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 10 months ago

Citation:

19-8082 (10th Circuit, Feb 12,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...

Judge(s):

Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Financial Advisors
• Fraud
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 522(b)(2)(B)

In re Reynolds

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 1 day ago

Citation:

19-4150 (10th Circuit, Jan 06,2021) Not Published

Case Status:

Affirmed

Ruling:

Pursuant to 28 U.S.C. § 1291, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court for the District of Utah (BC), itself previously confirmed...

Judge(s):

Carlos F. Lucero; Jerome A. Holmes; and Allison H. Eid

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Ethics
• Fraudulent Transfers
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C § 330

In re Leonard Mosher

• Summarized by Kristin Jain , Jain Law & Associates PLLC
• 4 years 2 months ago

Citation:

19-8073 (10th Circuit, Oct 27,2020) Not Published

Case Status:

Affirmed

Ruling:

Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...

Judge(s):

Lucero, Holmes, Eid

Tag(s):

• 10th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• Agriculture/PACA
• N/A

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