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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 8 months ago
- Citation:
- Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.
- Ruling:
- Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th...
- Judge(s):
- Kelly, Baldock, Phillips; Phillips Dissenting
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 9 months ago
- Citation:
- Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.
- Ruling:
- Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.
- Judge(s):
- Briscoe, McKay, Phillips (McKay)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 7 months ago
- Citation:
- Thomas v. Fed. Nat’l Mortgage Ass’n, Case No. 13-6281 (10th Cir. July 29, 2014)
- Ruling:
- Holder of promissory note made a sufficient showing that it had possession of the original note to confer standing to seek an order under 11 U.S.C. § 362(j).
- Judge(s):
- Matheson, Ebel, Philips
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 9 months ago
- Citation:
- Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)
- Ruling:
- A transfer by quit claim deed for no consideration of real property in which Debtor holds only bare legal title is not avoidable under § 548 since the conveyance was not a transfer of an interest...
- Judge(s):
- Thurman, Cornish, Mosier
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 11 months ago
- Citation:
- Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)
- Ruling:
- Appellant lacked standing to appeal dismissal of lower court action because his personal injury claim became property of the bankruptcy estate when he filed for chapter 7 bankruptcy protection and...
- Judge(s):
- Tymkovich, Anderson, Bacharach
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 12 months ago
- Citation:
- Williamson v. Murray (In re Murray), Case No. KS-13-034; Baer v. Beach (In re Beach), Case No. KS-13-037 (B.A.P. 10th Cir. March 4, 2014) (published)
- Ruling:
- Chapter 7 trustees’ strong arm rights and powers apply to property of the estate, but do not extend to property specifically exempted by state law and determined to be an integral part of a...
- Judge(s):
- Thurman, Cornish, Mosier (Cornish)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 12 years 1 month ago
- Citation:
- Brock, et al. v. Glasser (In re Brock), Case Nos. 12-001 (B.A.P. 10th Cir. January 9, 2014) (unpublished)
- Ruling:
- The BAP affirmed the allowance of a claim filed by a creditor of a revocable inter vivos trust settled by Chapter 11 individual Debtors holding that since the assets of the revocable inter vivos...
- Judge(s):
- Thurman, Cornish, Mosier (Thurman)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 12 years 2 months ago
- Citation:
- Taylor v. Taylor (In re Taylor), Case Nos. 12-2163 & 12-2167 (B.A.P. 10th Cir. December 9, 2013) (published)
- Ruling:
- § 523(a)(5) requires that the party seeking to have a debt declared non-dischargeable prove that the debt is in the nature of support to that party and it is the substance of the agreement that...
- Judge(s):
- Briscoe, Seymour, Lucero (Briscoe)
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 12 years 4 months ago
- Citation:
- Knaub, et al. v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)
- Ruling:
- Under § 523(a)(2)(A), Plaintiff must prove that Debtor’s promise to build a new house – the misrepresentation - caused Plaintiff’s damages and any such damages are limited to those incurred...
- Judge(s):
- Thurman, Cornish, Karlin
- Tag(s):
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- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 12 years 4 months ago
- Citation:
- Onyeabor v. Centennial Pointe Owners Ass’n, et al., Case No. 13-4037 (10th Cir. October 9, 2013) (unpublished)
- Ruling:
- Conversion is appropriate where plan makes no provision for repayment of prepetition secured claims, where Debtor’s income is insufficient to support her plan or even the Appellees’ judgment...
- Judge(s):
- Briscoe, Anderson, Brorby
- Tag(s):
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