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Summaries by Eric Madden

Wagner v. Wagner (In re Wagner)

Citation:
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore,...
Judge(s):
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
Tag(s):

Christensen v. Madsen (In re Madsen)

Citation:
Christensen v. Madsen (In re Madsen), BAP No. UT-13-094 (B.A.P. 10th Cir. Aug. 25, 2014)
Ruling:
The Bankruptcy Appellate Panel ruled that a creditor may pursue a nondischargeability complaint in a forum other than the debtor's "home" bankruptcy court, provided that the creditor's forum choice...
Judge(s):
Nugent, Romero, and Somers
Tag(s):

Schoppe v. Commissioner of Internal Revenue

Citation:
Schoppe v. Comm'r of Internal Revenue, No. 12-9010, slip op. (10th Cir. Mar. 28, 2013)
Ruling:
The Tenth Circuit ruled that the automatic stay under 11 U.S.C. § 362(a)(1) does not apply to a proceeding commenced by the debtor-taxpayer’s petition filed in Tax Court, including any appeal...
Judge(s):
The panel consisted of Judges O'Brien, McKay, and Baldock. Judge McKay authored the opinion for the Court.
Tag(s):

Shulman v. Lamphere (In re Lamphere)

Citation:
Schulman v. Lamphere (In re Lamphere), No. 10-6213 (10th Cir. May 4, 2011)
Ruling:
The Tenth Circuit affirmed the bankruptcy court’s decision not to apply collateral estoppel to a default judgment entered by a New Jersey state court. Even though the defendant had appeared and...
Tag(s):

Chizzali v. Gindi (In re Gindi)

Citation:
Chizzali v. Gindi (In re Gindi), No. 10-1186 (10th Cir. Feb. 14, 2011)
Ruling:
The Tenth Circuit sustained a ruling that the automatic stay did not apply to a debtor’s pending state-court appeal of an adverse judgment based on Chaussee v. Lyngholm (In re Lyngholm), 24 F.3d...
Tag(s):

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