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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 2 months ago
- Citation:
- 16-1422 & 16-1423 (7th Circuit, Dec 22,2016) Published
- Case Status:
- Affirmed
- Ruling:
The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...
- Judge(s):
- Flaum, Kane, Magnus-Stinson (Flaum)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 2 months ago
- Citation:
- 16-6073 (10th Circuit, Dec 12,2016) Published
- Case Status:
- Affirmed
- Ruling:
The scope and application of state exemptions are defined by the state courts and appellate courts will give deference to the state's hhighest court's interpretation. if the state's highest...
- Judge(s):
- BRISCOE, EBEL, PHILLIPS (BRISCOE)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 2 months ago
- Citation:
- 15-3190 (10th Circuit, Dec 06,2016) Published
- Case Status:
- Affirmed
- Ruling:
Since fraudulent transfer statutes are for the protection of unsecured creditors, courts measure the value received in terms of the effect on those creditors and value encompasses more than just...
- Judge(s):
- Hartz, Bacharach, McHugh (Hartz)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 2 months ago
- Citation:
- CO-16-006 (10th Circuit, Nov 30,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...
- Judge(s):
- NUGENT, SOMERS, HALL (HALL)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 3 months ago
- Citation:
- Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
- Ruling:
- It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
- Judge(s):
- Tymkovich, Hartz, Phillips
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 5 months ago
- Citation:
- Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
- Ruling:
- Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...
- Judge(s):
- Matheson, McKay, O’Brien
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 5 months ago
- Citation:
- Rhino Energy LLC, et al. v. C.O.P Coal Dev. Co., et al. (In re C.W. Mining Co.), Case No. 15-4108 (10th Cir. September 16, 2016).
- Ruling:
- A District Court’s order is not final if it remands a case to the Bankruptcy Court for significant further proceedings and thus, the 10th Circuit does not have appellate jurisdiction. To qualify...
- Judge(s):
- Phillips, McHugh, Moritz
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 6 months ago
- Citation:
- Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
- Ruling:
- The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor,...
- Judge(s):
- Gorsuch, Ebel, Bacharach
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 6 months ago
- Citation:
- Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
- Ruling:
- A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely...
- Judge(s):
- Hartz, O’Brien, Phillips
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 6 months ago
- Citation:
- Hatfield v. Thompson, (In re Thompson), Case No. WO-15-027 (B.A.P. 10th Cir. August 19, 2016). Published
- Ruling:
- A debt proven under state law on grounds other than fraud can be excepted from discharge under the actual fraud provision of § 523(a)(2)(A) and to establish that a debt is excepted from discharge...
- Judge(s):
- Romero, Jacobvitz, Mosier (Jacobvitz)
- Tag(s):
-
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