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Summaries by Elizabeth Gunn

Jennings v. Royal (In re: Jennings)

Citation:
17-8095 (10th Circuit, Sep 14,2018) Published
Case Status:
Affirmed
Ruling:
Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...
Judge(s):
Eid, Kelly, and O'Brien
Tag(s):

IN RE; PEEPLES

Citation:
17-4046 (10th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sua sponte, the court found that Mrs. Lee, who was not a party to the underlying state court action, did not have Article III standing to bring suit and vacated judgment as to Mrs. Lee with...
Judge(s):
Lucero, Bacharach, and Mortiz
Tag(s):

Lardas v. Gricic, et al.

Citation:
15-1685, 15-1704, 16-2913, 16-4210 (7th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Stemming from long-running litigation between the parties, the court affirmed the judgments of the United States District Court for the Northern District of Illinois that dismissed a claim for...
Judge(s):
Wood, Easterbrook, Hamilton
Tag(s):

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

Citation:
15-2209 (4th Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Judge(s):
Gregory, Wynn, Davis
Tag(s):

Rupp v. Auld (In re Auld)

Citation:
BAP No. UT-15-061 (10th Circuit, Jan 03,2017) Published
Case Status:
Reversed
Ruling:

Although the chapter 7 trustee's pleading was inartfully crafted, the relief requested for turnover and production of documents and information from the debtor should have been granted. ...

Judge(s):
Nugent, Somers, and Hall
Tag(s):

Paulson v. McDermott et al. (In re Paulson)

Citation:
16-6018 (8th Circuit, Nov 17,2016) Published
Case Status:
Affirmed
Ruling:

The Bankruptcy Court for the District of South Dakota did not err in dismissing the Debtor's chapter 13 case, denying the Debtor's motion to reinstate, and denying the Debtor's motion to...

Judge(s):
Federman, Schermer, Saladino
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

Citation:
Cooley-Linder et al v. Behrends (In re Behrends), Case No 15-1420 (10th Cir. Nov. 14, 2016)
Ruling:
Judgment of bankruptcy court finding that damages awarded against debtor in an arbitration award and affirmed by the Denver state district court based on violations of securities laws were...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Scott v. King (In re Amerson)

Citation:
Scott v. King (In re Amerson), Case No. 15-1343 (10th Cir. Oct. 28, 2016)
Ruling:
The exclusion from the bankruptcy estate of an interest in a spendthrift trust under 541(c)(2) is permissive and not mandatory and it is a debtor's choice whether or not to include such interest in...
Judge(s):
Kelly, Briscoe, Gorsuch
Tag(s):

County of Dakota v. Milan

Citation:
County of Dakota v. Milan (In re Milan), Case No. 16-6012 (8th Cir. B.A.P. September 22, 2016)
Ruling:
Section 523(a)(7) does not require a court order to impose a debt with the characteristics of a fine or penalty; however, the debt cannot be imposed as compensation for actual pecuniary loss. ...
Judge(s):
Schermer, Nail and Shodeen
Tag(s):

J&R Investment v. Anthony (In re Anthony)

Citation:
J&R Investment v. Anthony (In re Anthony), Case No. 15-4161 (10th Cir. Aug. 29, 2016)
Ruling:
Bankruptcy court did not err in its determination that (1) plaintiff did not meet is prima facie case for revocation of discharge, (2) that the burden of persuasion did not shift to the defendant...
Judge(s):
Hartz, Murphy, and Phillips
Tag(s):

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