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Summaries by Michael Cooley

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):

Rushton v. ANR Company, Inc, et al. (In re C.W. Mining Co.)

Citation:
No. 12-4091 (10th Cir. January 22, 2014).
Ruling:
With one exception (discussed below), the Tenth Circuit affirmed the district court’s dismissal of various consolidated bankruptcy appeals as statutorily moot by operation of § 363(m).
Judge(s):
Tymkovich, Brorby, and Murphy.
Tag(s):

Kollinger v. Hoyle (In the Matter of Kollinger)

Citation:
No. 13-40512 (5th Cir. December 31, 2013).
Ruling:
The Fifth Circuit affirmed the district court’s dismissal of a bankruptcy appeal, holding that the district court did not abuse its discretion in dismissing an appeal after the appellant failed...
Judge(s):
Wiener, Owen, and Haynes.
Tag(s):

Wadsworth v. The Word of Life Christian Center (In re McGough)

Citation:
No. 12-1142 (10th Cir. December 16, 2013).
Ruling:
In a case of first impression at the circuit level, the Tenth Circuit held that, where the contribution exceeds 15% of the debtor’s gross annual income, the “charitable contribution”...
Judge(s):
O’Brien, Holmes, and Matheson.
Tag(s):

Automotive Finance Corp. v. Morse (In re Morse)

Citation:
BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
Ruling:
In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
Judge(s):
Haines, Deasy, and Godoy.
Tag(s):

Queen v. TA Operating, LLC

Citation:
No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).
Ruling:
Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...
Judge(s):
Tymovich, Ebel, and O’Brien.
Tag(s):

Charles W. Ries v. Scarlett & Gucciardo, PA, et al.

Citation:
No. 13-6003 (8th Cir. August 1, 2013).
Ruling:
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Citation:
No. 12-10271 (5th Cir. February 26, 2013).
Ruling:
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
Judge(s):
Higginbotham, Clement, and Haynes.
Tag(s):

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