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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 1 month ago
- Citation:
- Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
- Ruling:
- A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
- Judge(s):
- Kelly, McKay, Phillips (Kelly)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 1 month ago
- Citation:
- Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
- Ruling:
- When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its...
- Judge(s):
- Posner, Easterbrook, Rovner (Posner)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 1 month ago
- Citation:
- Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
- Ruling:
- A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the...
- Judge(s):
- Briscoe, Lucero, McHugh
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 2 months ago
- Citation:
- Caesers Entm’t Operating Co., Inc. v. BOKF, N.A., et al. (In re Caesers Entm’t Operating Co., Inc.), Case No. 15-3259 (7th Cir. December 23, 2015).
- Ruling:
- Bankruptcy Code section 105(a) gives bankruptcy courts extensive equitable powers to enter orders that are appropriate to carry out the provisions of the Bankruptcy Code and whether a given order...
- Judge(s):
- Posner, Manion, Sykes (Posner)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 2 months ago
- Citation:
- Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
- Ruling:
- A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
- Judge(s):
- Briscoe, Murphy, Gorsuch (Murphy)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 2 months ago
- Citation:
- FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
- Ruling:
- To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...
- Judge(s):
- Kelly, Hart, Gorsuch (Kelly)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 3 months ago
- Citation:
- GL3B Trust, et al. v. First Citizens Bank & Trust Co., et al. (In re Autterson), Case Nos. CO-14-063, CO-14-064 (BAP 10th Cir. November 6, 2015). Unpublished.
- Ruling:
- Waiver can be express or, if clear and unambiguous conduct is present, implied and debtor’s conduct in ignoring the terms of the loan documents, as both lenders’ representatives and borrow,...
- Judge(s):
- Cornish, Nugent, Somers (Somers)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 3 months ago
- Citation:
- Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
- Ruling:
- Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the...
- Judge(s):
- Thurman, Jacobvitz, Hall (Thurman)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 3 months ago
- Citation:
- Lazzo, et al. v. Rose HIll Bank, et al. (In re Schupbach Investments, L.L.C.), Case No. 14-3277 (10th Cir. November 3, 2015). Published.
- Ruling:
- Approving retroactive employment of debtor’s professionals requires a showing of extraordinary circumstances and simple neglect will not justify nunc pro tunc approval. Upon confirmation of a...
- Judge(s):
- Tymkovich, Holmes, McHugh (Tymkovich)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 4 months ago
- Citation:
- Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (BAP 10th Cir. October 23, 2015). Unpublished.
- Ruling:
- Actual fraud must be found to deny discharge under section 727(a)(2) and to deny a discharge under section 727(a)(4), the court must be convinced that the debtor knowingly and fraudulently made a...
- Judge(s):
- Thurman, Jacobvitz, Hall (Jacobvitz)
- Tag(s):
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