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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 4 months ago
- Citation:
- Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
- Ruling:
- If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
- Judge(s):
- Thurman, Jacobvitz, Hall (Hall)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 4 months ago
- Citation:
- LTF Real Estate Co. Inc. v. Expert South Tulsa, LLC v. First American Title Insurance Co. (In re Expert South Tulsa, LLC), Case No. CO-15-3000 (10th Cir. October 19, 2015). Unpublished.
- Ruling:
- Under Oklahoma law, all legal and equitable interests in escrowed funds do not unqualifiedly transfer to a bankruptcy estate.
- Judge(s):
- Lucero, Hartz, Gorsuch
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 4 months ago
- Citation:
- Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
- Ruling:
- Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
- Judge(s):
- Karlin, Cornish, Michael (Karlin)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 5 months ago
- Citation:
- Amerson, et al. v. King, et al. (In re Amerson), Case No. CO-14-045 (B.A.P. 10th Cir. September 2, 2015). Unpublished.
- Ruling:
- Postponed enjoyment of and contingencies affecting property interests do not prevent such interests from becoming property of a bankruptcy estate and a settlement agreement does not have to be the...
- Judge(s):
- Cornish, Nugent, Somers (Cornish)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 6 months ago
- Citation:
- Kim, et al. v. Sun, et al. (In re Sun), Case No. CO-14-050 (B.A.P. 10th Cir. August 11, 2015). Published.
- Ruling:
- Culture can be a factor when determining justifiable reliance under 523(a)(2)(A). Repeated substitution of property can show a scheme to permanently deprive plaintiffs of their money for purposes...
- Judge(s):
- Karlin, Somers, Hall (Hall)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 6 months ago
- Citation:
- Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.
- Ruling:
- The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation...
- Judge(s):
- Kelly, Lucero, Hartz (Hartz)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 6 months ago
- Citation:
- Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
- Ruling:
- While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since...
- Judge(s):
- Michael, Karlin, Hall (Michael)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 7 months ago
- Citation:
- Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
- Ruling:
- Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...
- Judge(s):
- Cornish, Karlin, Jacobvitz (Karlin)
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 7 months ago
- Citation:
- Loveridge v. Hall, et al. (In re Renewable Energy Dev. Corp.), Case No. 14-4001 (10th Cir. July 10, 2015). Published.
- Ruling:
- Parties have the Constitutional right to have an Article III judge make a final judgment when plaintiff seeks recovery only under state law and when none of the claims necessarily involve the...
- Judge(s):
- Tymkovich, Gorsuch, Phillips (Gorsuch)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 8 months ago
- Citation:
- Gordon, et al. v. Wadsworth, Case No. 14-1257 (10th Cir. June 26, 2015) (published)
- Ruling:
- Balance of funds paid out of retirement plan that was in debtors’ savings account on the petition date is not exempt under Colorado’s exemption statute - C.R.S. § 13-54-102(1(s).
- Judge(s):
- Hartz, Gorsuch, Matheson
- Tag(s):
-
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