Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling:
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).
Ruling:
Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family...
FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which...
Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)
Ruling:
An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose...
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling:
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling:
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors,...
Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
Ruling:
In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc.,...
Lane v. Barney (In re Lane), Case No. WY-15-023 (BAP 10th Cir. March 7, 2016). Published.
Ruling:
Monetary sanctions are appropriate in chapter 7 case where Debtor interferes with estate administration and appears that he has the ability to pay such sanctions. The sanctions will be paid from...
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
Ruling:
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
