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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 6 months ago
- Citation:
- Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
- Ruling:
- The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
- Judge(s):
- Briscoe, Bacharach, McHugh
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 7 months ago
- Citation:
- Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).
- Ruling:
- Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family...
- Judge(s):
- Wood, Rovner, Hamilton (Per Curium)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 7 months ago
- Citation:
- FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).
- Ruling:
- The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which...
- Judge(s):
- Wood, Posner, Rovner (Wood)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 8 months ago
- Citation:
- Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)
- Ruling:
- An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose...
- Judge(s):
- Briscoe, Lucero, Phillips
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 8 months ago
- Citation:
- Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
- Ruling:
- The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
- Judge(s):
- Birscoe, Lucero, Phillips
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 9 months ago
- Citation:
- Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
- Ruling:
- Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors,...
- Judge(s):
- Lucero, Matheson, Bacharach (Lucero)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 11 months ago
- Citation:
- Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
- Ruling:
- In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc.,...
- Judge(s):
- Karlin, Cornish, Michael (Cornish)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 9 years 11 months ago
- Citation:
- Lane v. Barney (In re Lane), Case No. WY-15-023 (BAP 10th Cir. March 7, 2016). Published.
- Ruling:
- Monetary sanctions are appropriate in chapter 7 case where Debtor interferes with estate administration and appears that he has the ability to pay such sanctions. The sanctions will be paid from...
- Judge(s):
- Karlin, Cornish, Michael (Karlin)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 3 weeks ago
- Citation:
- Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
- Ruling:
- Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
- Judge(s):
- Karlin, Cornish, Michael (Karlin)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 1 month ago
- Citation:
- Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
- Ruling:
- The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
- Judge(s):
- Karlin, Jacobvitz, Mosier
- Tag(s):
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