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Summaries by Daniel Glasser

Kaplan v. Wasko (In re Wasko)

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Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).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):

Taylor v. Taylor (In re Taylor)

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):

Rushton v. Bank of Utah (In re C.W. Mining Co.)

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):

Oklahoma Department of Securities v. Wilcox

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):

Beal Bank USA v. Windmill Durango Office, LLC (In re Windmill Durango Office, LLC)

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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