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Summaries by Steven Mulligan

Bank of Cordell v. Sturgeon (In re Sturgeon)

Citation:
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling:
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create...
Judge(s):
Nugent, Romero, Jacobvitz
Tag(s):

Cook v. Wells Fargo Bank, N.A. (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)
Ruling:
Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not...
Judge(s):
Lucero, Porfilio, Matheson
Tag(s):

Sweeden v. Bertola (In re Bertola)

Citation:
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)
Ruling:
A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation).
Tag(s):

Castro v. Kondaur Capital Corp. (In re Castro)

Citation:
In re Castro, 2012 WL 5935957 (10th Cir. Nov. 28, 2012)
Ruling:
Appellant that was neither debtor nor creditor and had no interest in real property or, at best, such interest was subordinate, lacked standing to object to creditor’s motion for relief from...
Judge(s):
Lucero, Tymkovich, and Holmes
Tag(s):

Hawks Holdings, LLC v. Kalinowski (In re Kalinowski)

Citation:
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Judge(s):
Thurman, Brown, and Somers
Tag(s):

Woodman v. Concept Construction, LLC (In re Woodman)

Citation:
Woodman v. Concept Construction, LLC (In re Woodman); -- F. 3d --; 2012 WL 5259193 (10th Cir. Oct. 25, 2012)
Ruling:
A dismissal of an appeal after docketing must meet the standards of Fed. R. Bankr. P. 8001(c)(2) failing which, such appeal remains pending thereby rendering the filing of a second appeal to the US...
Judge(s):
Lucero, Hartz and O'Brien
Tag(s):

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