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Summaries by Steven Mulligan

Slovak v. Loveridge (In re Eurogas)

Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
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):

Duwaik v. JP Morgan Chase Bank, N.A.

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):

Parr v. Rodriguez

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):

Reinbold v. Thorpe (In re Thorpe)

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):

Jennings v. Royal

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):

Sian v. Montoya (In re Sandia Resorts, Inc.)

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):

Caudill Seed & Warehouse v. Rose (MMR Farms LLC)

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):

Weinman v. Kelley (In re Kelley)

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):

A. Kershaw, P.C. v. Spangler

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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