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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 4 years 2 months ago
- Ruling:
- When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
- Judge(s):
- Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 4 years 8 months ago
- Citation:
- 17-1385 (10th Circuit, Jul 12,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- The dismissal of a chapter 11 case pending appeal renders that appeal moot and the judgment below is generally vacated and the matter remanded so it can be dismissed. A subsequently filed chapter...
- Judge(s):
- Lucero, Hartz, McHugh (Hartz)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 4 years 10 months ago
- Ruling:
- A local rule of bankruptcy procedure that is inconsistent with the Bankruptcy Code is invalid.
- Judge(s):
- Duncan, Agee, Shedd (Duncan)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 4 years 10 months ago
- Citation:
- 17-1258 (10th Circuit, May 22,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- In the bankruptcy context, a more stringent standing requirement than the case or controversy standing requirement of Article III is applied and only a person aggrieved by a bankruptcy court order...
- Judge(s):
- Bacharach, McKay, Baldock
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 5 years 1 month ago
- Citation:
- 17-1766 (7th Circuit, Jan 31,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...
- Judge(s):
- Bauer, Flaum, Sykes (Sykes)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 5 years 4 months ago
- Citation:
- WY-17-002 (10th Circuit, Nov 21,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
- Judge(s):
- Nugent, Somers, Mosier (Nugent)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 5 years 6 months ago
- Citation:
- NM-17-003 (10th Circuit, Aug 30,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
- Judge(s):
- Karlin, Nugent, Mosier (Karlin)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 5 years 7 months ago
- Citation:
- 16-4072 (7th Circuit, Aug 18,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- A settlement agreement is not a judicial decision and thus, does not give rise to issue preclusion and defending a case on the basis of a release is an affirmative defense that must be raised in a...
- Judge(s):
- Easterbrook, Rovner, Sykes (Easterbrook)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 5 years 7 months ago
- Citation:
- 16-1498 (10th Circuit, Aug 09,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...
- Judge(s):
- Lucero, Holmes, Bacharach
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 5 years 8 months ago
- Citation:
- 16-1483 (10th Circuit, Jul 10,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...
- Judge(s):
- Matheson, Phillips, McHugh (Matheson)
- Tag(s):
-
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