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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 8 years 8 months ago
- Citation:
- 16-1377 (10th Circuit, Jun 12,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Judicial estoppel applies if a party’s position is clearly inconsistent with its former position; the party succeeded in persuading a court to accept that party’s position, so that judicial...
- Judge(s):
- Briscoe, Ebel, Matheson
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 8 years 9 months ago
- Citation:
- 16-3281 (10th Circuit, May 24,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
- Judge(s):
- Briscoe, Holmes, Phillips
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 8 years 9 months ago
- Citation:
- CO-16-022 (10th Circuit, May 08,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Property transferred from a trust to debtor individually prior to the petition date became property of the bankruptcy estate and the proceeds from the postpetition sale of that property were...
- Judge(s):
- Karlin, Jacobvitz, Mosier (Jacobvitz)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 8 years 11 months ago
- Citation:
- BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
- Case Status:
- Affirmed
- Ruling:
- A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
- Judge(s):
- Cornish, Michael, Hall (Michael)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 8 years 11 months ago
- Citation:
- 16-1967 (6th Circuit, Mar 20,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
- Judge(s):
- Merritt, Kethledge, White (Merritt)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 8 years 12 months ago
- Citation:
- 15-2346 (4th Circuit, Feb 28,2017) Published
- Case Status:
- Affirmed
- Ruling:
- When a valuation model or estimate falls outside the realm of common sense, denial of a discharge for making a false oath under 11 U.S.C. § 727(a)(4) is appropriate. This is particularly so when...
- Judge(s):
- Wilkinson, Niemeyer, Keenan (Wilkinson)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 5 days ago
- Citation:
- 16-5717/5719 (6th Circuit, Feb 23,2017) Published
- Case Status:
- Affirmed
- Ruling:
- A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
- Judge(s):
- Merritt, Moore, Stranch (Stranch)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 1 week ago
- Citation:
- WO-16-007 (10th Circuit, Feb 17,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- A debtor who has been criminally convicted for tax-related crimes may be collaterally estopped from discharging his tax debt in bankruptcy for the subject years if these elements are met: (1) the...
- Judge(s):
- NUGENT, ROMERO, MOSIER (Romero)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 3 weeks ago
- Citation:
- 15-3200 (7th Circuit, Jan 30,2017) Published
- Case Status:
- Affirmed
- Ruling:
- To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
- Judge(s):
- Wood, Sykes, Hamilton (Sykes)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 1 month ago
- Citation:
- 15-8031 (6th Circuit, Jan 04,2017) Published
- Case Status:
- Affirmed
- Ruling:
- When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
- Judge(s):
- Delk, Humphrey, Opperman (Humphrey)
- Tag(s):
-
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