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Summaries by Daniel Glasser
- Summarized by Daniel Glasser , Chipman Glasser LLC
- 11 years 10 months ago
- Citation:
- Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).
- Ruling:
- The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir....
- Judge(s):
- Pappas, Markell and Beesley
- Tag(s):
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- Summarized by Daniel Glasser , Chipman Glasser LLC
- 12 years 4 months ago
- Citation:
- Taylor v. Taylor (In re Taylor), No. NM-11-103, NM-11-107 (B.A.P. 10th Cir. Sept. 5, 2012)
- Ruling:
- Affirming the bankruptcy court, the Tenth Circuit BAP found that the obligation to refund an overpayment of spousal support is not dischargeable under 11 U.S.C. § 523(a)(15). The plain and...
- Judge(s):
- Nugent, Karlin and Hall
- Tag(s):
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- Summarized by Daniel Glasser , Chipman Glasser LLC
- 12 years 4 months ago
- Citation:
- Kenneth A. Rushton v. Bank of Utah, BAP No. UT-11-098 (B.A.P. 10th Cir. Sept. 5, 2012).
- Ruling:
- The 10th Circuit BAP affirmed the bankruptcy court's denial of the Chapter 7 Trustee's Motion for Summary Judgment. The bankruptcy court properly denied the Trustee's avoidance claim under 11...
- Judge(s):
- Nugent, Karlin and Hall
- Tag(s):
-
- Summarized by Daniel Glasser , Chipman Glasser LLC
- 12 years 4 months ago
- Citation:
- Okla. Dep't of Secs. ex rel. Faught, Nos. 10-6056 & 10-6057, 2012 U.S. App. LEXIS 17507 (10th Cir. Aug. 20, 2012).
- Ruling:
- REVERSING the District Court, the 10th Circuit held that Debtors were entitled to a discharge of a claim related to Debtors' unjust enrichment from proceeds of a Ponzi scheme because such proceeds...
- Judge(s):
- Briscoe, Holloway and O’Brien (Briscoe dissenting).
- Tag(s):
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- Summarized by Daniel Glasser , Chipman Glasser LLC
- 12 years 6 months ago
- Citation:
- Beal Bank USA v. Windmill Durango Office, LLC, US Trustee, DP Air Corp., BAP No. NV-11-1728-DKiPa, NV-11-1737-DKiPa (Related appeals) (B.A.P. 9th Cir. July 6, 2012)
- Ruling:
- The bankruptcy court did not abuse its discretion by denying a secured creditor's Rule 3018(a) motion. That motion sought to amend a favorable plan confirmation vote cast by the assignor of the...
- Judge(s):
- Dunn, Kirscher and Pappas
- Tag(s):
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- Summarized by Daniel Glasser , Chipman Glasser LLC
- 13 years 8 months ago
- Citation:
- (10th Circuit, Dec 31,1969)
- Summarized by Daniel Glasser , Chipman Glasser LLC
- 14 years 2 months ago
- Citation:
- (10th Circuit, Dec 31,1969)
- Ruling:
- Stay violation sanctions, authorized under 11 U.S.C. 105, may include monetary and non-monetary relief. To the extent that monetary sanctions are at issue, such relief is available under...
- Tag(s):
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