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Summaries by Steven Mulligan
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 10 months ago
- 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):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 10 years 12 months ago
- 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- Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)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):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 2 weeks ago
- 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- Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)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):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 3 weeks ago
- Ruling:
- The court affirmed the dismissal of pro se Appellant’s complaint in part and remanded with instructions to modify a portion of the dismissal from a dismissal with prejudice to without prejudice...
- Judge(s):
- Gorsuch, Anderson, and Ebel
- Tag(s):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 4 months ago
- 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):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 4 months ago
- 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):
-
- Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
- 11 years 5 months ago
- 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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