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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

Terrell v. IRS (In re Terrell)

Citation:
WO-16-007 (10th Circuit, Feb 17,2017) Not Published
Case Status:
Affirmed
Ruling:
A debtor who has been criminally convicted for tax-related crimes may be collaterally estopped from discharging his tax debt in bankruptcy for the subject years if these elements are met: (1) the...
Judge(s):
NUGENT, ROMERO, MOSIER (Romero)
Tag(s):

Blixseth v. Cushman & Wakefield of Colorado, Inc.

Citation:
No. 15-1375 (10th Circuit, Feb 03,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
Tag(s):

Levin v. Carlton (In re Carlton)

Citation:
BAP No. CO-15-044 (10th Circuit, Jan 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
Judge(s):
Nugent, Somers, and Hall.
Tag(s):

Hermann v. Hartford Casualty Insurance Co.

Citation:
No. 16-1145 (10th Circuit, Jan 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's dismissal of a debtor's claim against an insurance company for wrongful denial of a worker's compensation, holding that the debtor was judicially...
Judge(s):
Holmes, Baldock, and Bacharach
Tag(s):

Rupp v. Auld (In re Auld)

Citation:
BAP No. UT-15-061 (10th Circuit, Jan 03,2017) Published
Case Status:
Reversed
Ruling:

Although the chapter 7 trustee's pleading was inartfully crafted, the relief requested for turnover and production of documents and information from the debtor should have been granted. ...

Judge(s):
Nugent, Somers, and Hall
Tag(s):

Nelson v. Long (In re Long)

Citation:
16-6073 (10th Circuit, Dec 12,2016) Published
Case Status:
Affirmed
Ruling:

The scope and application of state exemptions are defined by the state courts and appellate courts will give deference to the state's hhighest court's interpretation. if the state's highest...

Judge(s):
BRISCOE, EBEL, PHILLIPS (BRISCOE)
Tag(s):

Rebein v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)

Citation:
15-3190 (10th Circuit, Dec 06,2016) Published
Case Status:
Affirmed
Ruling:

Since fraudulent transfer statutes are for the protection of unsecured creditors, courts measure the value received in terms of the effect on those creditors and value encompasses more than just...

Judge(s):
Hartz, Bacharach, McHugh (Hartz)
Tag(s):

Egbune v. Kiel (In re Egbune)

Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
Cooley-Linder et al v. Behrends (In re Behrends), Case No 15-1420 (10th Cir. Nov. 14, 2016)
Ruling:
Judgment of bankruptcy court finding that damages awarded against debtor in an arbitration award and affirmed by the Denver state district court based on violations of securities laws were...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Rupp v. Pearson

Citation:
Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
Ruling:
It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
Judge(s):
Tymkovich, Hartz, Phillips
Tag(s):

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