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Clark v. Zwanziger (In re Zwanziger)

Citation:
No. 110-080-WO (10th Cir. January 28, 2014).
Ruling:
Emphasizing the fact that issue preclusion generally applies to a decision on the merits of an issue that has been actually litigated, the Tenth Circuit held that issue preclusion does not apply to...
Judge(s):
Tymkovich, Holloway (dissenting), and Gorsuch.
Tag(s):

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 2 months ago
Citation:
-- F.3d -- (5th Cir. 2014)
Ruling:
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
Tag(s):

Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 2 months ago
Citation:
Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
Ruling:
The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the...
Judge(s):
Canby, Silverman, Paez
Tag(s):

Bendetti v. Gunness (In re Gunness)

  • Summarized by Mark Hudson , Schian Walker, PLC
  • 12 years 2 months ago
Citation:
cc-13-1099-KuBaPa
Ruling:
Affirmed bankruptcy court ruling that granted summary judgment to the debtor; ruling that attorney's fees owed jointly and severally by the debtor and her husband to the husband's ex-wife and the...
Judge(s):
Kurtz, Ballinger, Pappas
Tag(s):

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