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Summaries by Michael Cooley
- Citation:
- No. 14-13-4099 (10th Cir. Aug. 12, 2014)
- Ruling:
- The Tenth Circuit affirmed the debtor-appellant’s conviction for attempting to conceal an asset from the trustee in violation of 18 U.S.C. § 152(1) and perpetrating a hoax regarding the...
- Judge(s):
- Lucero, Hartz, and Holmes.
- Tag(s):
-
- Citation:
- No. 14-6005 (8th Cir. B.A.P. June 5, 2014)
- Ruling:
- The B.A.P. affirmed the bankruptcy court’s denial of claimant’s motion for reconsideration of an order sustaining debtor’s omnibus objection to claims.
- Judge(s):
- Kressel, Saladino, and Shodeen.
- Tag(s):
-
- Citation:
- No. WY-13-060 (10th Cir. B.A.P. May 7, 2014)
- Ruling:
- The B.A.P. affirmed the bankruptcy court’s award of attorney’s fees and costs against the appellant pursuant to 11 U.S.C. § 303(i).
- Judge(s):
- Thurman, Cornish, and Michael.
- Tag(s):
-
- Citation:
- No. 13-1615 (8th Cir. April 25, 2014)
- Ruling:
- The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the...
- Judge(s):
- Wollman, Loken, and Kelly.
- Tag(s):
-
- Citation:
- BAP No. KS-12-110 (10th B.A.P. Mar. 18, 2014)
- Ruling:
- The Tenth Circuit BAP affirmed the bankruptcy court’s decision to recharacterize as equity investments the approximately $4.3 million claims.
- Judge(s):
- Thurman, Cornish, and Mosier.
- Tag(s):
-
- Citation:
- No. 12-3701 (8th Cir. March 5, 2014).
- Ruling:
- Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...
- Judge(s):
- Riley, Bye, and Gruender.
- Tag(s):
-
- Citation:
- No. 13-6052 (8th Cir. B.A.P. February 12, 2014).
- Ruling:
- Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a...
- Judge(s):
- Schermer, Nail, and Shodeen.
- Tag(s):
-
- 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):
-
- 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):
-
- 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):
-
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