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Summaries by Elizabeth Gunn
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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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