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...
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
The dismissal of a chapter 11 case pending appeal renders that appeal moot and the judgment below is generally vacated and the matter remanded so it can be dismissed. A subsequently filed chapter...
An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
In the bankruptcy context, a more stringent standing requirement than the case or controversy standing requirement of Article III is applied and only a person aggrieved by a bankruptcy court order...
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...
A former officer and shareholder of bankrupt companies did not have standing to sue counsel for the Chapter 11 trustee and special master for malpractice. With absolutely no reference to the Barton...
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
The debtor's obligation to pay his children’s college expenses qualified as a “domestic support obligation.” In making this determination, the bankruptcy court properly looked to 1) the...
