Clabaugh v. Grant (In re Grant)

Citation:
No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).
Ruling:
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
Judge(s):
Karlin, Cornish, and Michael.
Tag(s):

Clabaugh v. Grant (In re Grant)

Citation:
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

Lynch v. Malloy, III (In re Lynch)

Citation:
Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
Ruling:
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Tripodi, Jr. v. Welch, et al.

Citation:
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Judge(s):
Kelly, McKay, Phillips (Kelly)
Tag(s):

Miller v. State of Utah, et al.

Citation:
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling:
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages...
Judge(s):
Lucero, Gorsuch, McHugh
Tag(s):

Anderson v. Seven Falls Co.

Citation:
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling:
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the...
Judge(s):
Briscoe, Lucero, McHugh
Tag(s):

Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

Citation:
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s):
Briscoe, Murphy, Gorsuch (Murphy)
Tag(s):

FB Acquisition Property I, LLC v. Gentry (In re Gentry)

Citation:
FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
Ruling:
To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...
Judge(s):
Kelly, Hart, Gorsuch (Kelly)
Tag(s):

GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson)

Citation:
GL3B Trust, et al. v. First Citizens Bank & Trust Co., et al. (In re Autterson), Case Nos. CO-14-063, CO-14-064 (BAP 10th Cir. November 6, 2015). Unpublished.
Ruling:
Waiver can be express or, if clear and unambiguous conduct is present, implied and debtor’s conduct in ignoring the terms of the loan documents, as both lenders’ representatives and borrow,...
Judge(s):
Cornish, Nugent, Somers (Somers)
Tag(s):

GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson)

Citation:
GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson), BAP No.CO-14-063 & BAP No.CO-14-064 (BAP 10th Cir. Nov. 6, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court (D. Colo.) granting in part a creditors' objection and reducing the allowed amount of two claims scheduled as undisputed by...
Judge(s):
Cornish, Nugent, Somers
Tag(s):

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