Hatfield v. Thompson (In re Thompson)

Citation:
Hatfield v. Thompson, (In re Thompson), Case No. WO-15-027 (B.A.P. 10th Cir. August 19, 2016). Published
Ruling:
A debt proven under state law on grounds other than fraud can be excepted from discharge under the actual fraud provision of § 523(a)(2)(A) and to establish that a debt is excepted from discharge...
Judge(s):
Romero, Jacobvitz, Mosier (Jacobvitz)
Tag(s):

Flanders v. Lawrence (In re Flanders)

Citation:
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling:
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
Judge(s):
Briscoe, Bacharach, McHugh
Tag(s):

Rich Dad Operating Co., LLC v. Zubrod, et al. (In re Rich Global, LLC)

Citation:
Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)
Ruling:
An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose...
Judge(s):
Briscoe, Lucero, Phillips
Tag(s):

Barney v. Bank of America (In re Gifford)

Citation:
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling:
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s):
Birscoe, Lucero, Phillips
Tag(s):

Lane v. Lane

Citation:
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling:
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors,...
Judge(s):
Lucero, Matheson, Bacharach (Lucero)
Tag(s):

Mid-South Iron Workers Welfare Plan, et al. v. Harmon

Citation:
No. 15-6064 (10th Cir. Apr. 13, 2016)
Ruling:
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit...
Judge(s):
Gorsuch, McKay, Bacharach
Tag(s):

Arnold, et al. v. Arnold (In re Arnold)

Citation:
Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
Ruling:
In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc.,...
Judge(s):
Karlin, Cornish, Michael (Cornish)
Tag(s):

Arnold, et al. v. Arnold (In re Arnold)

Citation:
Arnold, et al. v. Arnold (In re Arnold), Case No. CO-15-031 (10th Cir. B.A.P. March 15, 2016) (unpublished)
Ruling:
The bankruptcy court was not bound to apply Johnson v. Georgia Highway Express factors in awarding attorneys' fees based upon Colorado civil theft statute, not section 330. The facts and record...
Judge(s):
Karlin, Cornish, Michael
Tag(s):

Lane v. Barney (In re Lane)

Citation:
Lane v. Barney (In re Lane), Case No. WY-15-023 (BAP 10th Cir. March 7, 2016). Published.
Ruling:
Monetary sanctions are appropriate in chapter 7 case where Debtor interferes with estate administration and appears that he has the ability to pay such sanctions. The sanctions will be paid from...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

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