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 Unpublished.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...
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 Unpublished.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.
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 Unpublished.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...
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 Unpublished.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...
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...
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...
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 Unpublished.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...
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)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...
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...
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).
