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The Security National Bank of Sioux City, IA v. Vera T. Welte Testamentary Trust

Summarizing by Amir Shachmurove

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

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

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)

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):

SE Property Holdings, LLC v. David Stewart (In re- Stewart)

Citation:
WO-18-068 (10th Circuit, Jun 04,2019) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
Judge(s):
Somers, Mosier, and Marker
Tag(s):

Banner Bank v. Robertson (In re Robertson)

Citation:
No. 18-4060 (10th Circuit, May 29,2019) Published
Case Status:
Affirmed
Ruling:
While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...
Judge(s):
HOLMES, BACHARACH, and PHILLIPS
Tag(s):

Holly MacIntyre v. JP Morgan Chase Bank, N.A. (In re Macintyre)

Citation:
BAP No. CO-18-085 (10th Circuit, Mar 05,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded bankruptcy court (D. Colo.) order denying debtor's motion to reopen chapter 7 case to seek relief from an alleged discharge violation. Bankruptcy court...
Judge(s):
Cornish, Jacobvitz, Mosier
Tag(s):

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