Home » 10th Circuit

Slovak v. Loveridge (In re Eurogas)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 years 12 hours ago
Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
Tag(s):

IN RE: CHERNUSHIN

Citation:
18-1068 (10th Circuit, Dec 21,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
Judge(s):
BRISCOE, MURPHY, and McHUGH
Tag(s):

IN RE; RAEL

  • Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
  • 6 years 3 weeks ago
Citation:
No. 18-8026 (10th Circuit, Dec 07,2018) Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Judge(s):
Lucero, Kelly, Phillips
Tag(s):

IN RE: THE VAUGHAN COMPANY REALTORS

Citation:
18-2030 (10th Circuit, Nov 06,2018) Published
Case Status:
Affirmed
Ruling:
An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...
Judge(s):
HOLMES, O’BRIEN, and CARSON
Tag(s):

LANE v BUCKLEY

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 2 months ago
Citation:
No. 17-8079 (10th Circuit, Nov 06,2018) Not Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed summary judgment entered by district court (D. Wyo.) against plaintiff on claims for rescission, restitution, fraudulent transfer, and breach of contract. Plaintiff waived...
Judge(s):
Tymkovich, McKay, Matheson
Tag(s):

In re: GARCIA

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 6 years 2 months ago
Citation:
17-3247 (10th Circuit, Oct 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...
Judge(s):
Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges
Tag(s):

Jennings v. Royal (In re: Jennings)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 6 years 3 months ago
Citation:
17-8095 (10th Circuit, Sep 14,2018) Published
Case Status:
Affirmed
Ruling:
Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...
Judge(s):
Eid, Kelly, and O'Brien
Tag(s):

Walters v. Cates

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 4 months ago
Citation:
BAP No. CO-17-047 (10th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
Judge(s):
Cornish, Jacobvitz, Hall
Tag(s):

Sandoval v. Taylor

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 4 months ago
Citation:
17-1241 (10th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
Judge(s):
Lucero, Phillips, Moritz
Tag(s):

Cocoma v. Nigam

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 6 years 5 months ago
Citation:
CO-17-044 and CO-17-045 (10th Circuit, Aug 09,2018) Not Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed the judgment of bankruptcy court denying claims for nondischargeability of debt under 11 U.S.C. 523(a)(2)(A) and (a)(6), which excepts from discharge any debt obtained “for...
Judge(s):
CORNISH, JACOBVITZ, and HALL
Tag(s):

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