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Summaries by Scottie Kleypas
- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 12 years 2 months ago
- Citation:
- Valley Bank and Trust Co. v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.), No. 11-1453 (October 16, 2012)
- Ruling:
- REVERSING the District Court, the 10th Circuit held Federal law permits a FCC licensee to grant a security interest in the economic value of its license, and Nebraska law recognizes that a security...
- Judge(s):
- Murphy, Hartz, and Tymkovich, Circuit Judges
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 12 years 4 months ago
- Citation:
- Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
- Ruling:
- AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
- Judge(s):
- Gorsuch, Holmes, and Matheson
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 12 years 4 months ago
- Citation:
- DSC National Properties, LLC v. Johnson (In re Johnson), No. UT-11-105 (B.A.P. 10th Cir. Aug. 15, 2012).
- Ruling:
- B.A.P. held that bankruptcy court applied the wrong legal standard when determining "intent to deceive" which requires that debtor act with the subjective intent to deceive the creditor in the...
- Judge(s):
- Brown, Rasure, and Somers, Bankruptcy Judges
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 12 years 6 months ago
- Citation:
- Wogoman v. IRS (In re Wogoman), BAP No. CO-11-084 (B.A.P. 10th Cir. July 3, 2012)
- Ruling:
- AFFIRMING the Bankruptcy Court, the Bankruptcy Appellate Panel of the Tenth Circuit held Section 523(a)(1)(B)(i) excepts from discharge any debt for a tax with respect to which a return was not...
- Judge(s):
- CORINISH, RASURE, and SOMERS
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 12 years 11 months ago
- Citation:
- No. 11-1232 (10th Cir. February 1, 2012)
- Ruling:
- The Tenth Circuit held that Deutsche Bank failed to establish that it was a "party in interest" for purposes of obtaining relief from the automatic stay. The Bank did not prove that it had actual...
- Judge(s):
- Kelly, Porfilio, and Matheson
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 13 years 5 months ago
- Citation:
- Healthtrio, Inc. v. Centennial River Corp. (In re Healthtrio, Inc.) No. 10-1351 (10th Cir. Aug. 5, 2011)
- Ruling:
- Affirmed. BAP did not have jurisdiction to review an "order for relief" entered by a bankruptcy judge serving in the District of Delaware where a Delaware bankruptcy judge entered an order for...
- Judge(s):
- Brorby, Senior Circuit Judge, Holmes and Anderson, Circuit Judges
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 13 years 6 months ago
- Citation:
- United States Court of Appeals for the Tenth Circuit, Case No. 09-3129, US v. Dawes et al. (In re Dawes), June 21 2011.
- Ruling:
- United States Court of Appeals for the Tenth Circuit held that post-petition income taxes incurred during Chapter 12 proceedings are liabilities of the individual debtors and not the bankruptcy...
- Tag(s):
-
- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 13 years 9 months ago
- Citation:
- No. 10-6052 & No. 10-6053 (consoldidated), (10th Cir. Apr. 1, 2011)
- Ruling:
- Affirmed. Bankruptcy court's orders granting motions to lift automatic stay to allow creditor to pursue its crossclaims in two separate federal district courts in Texas and to file a counterclaim...
- Tag(s):
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- Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
- 14 years 2 months ago
- Citation:
- Maynard v. Bryan C. Cannon, P.C., No. 08-4181 (10th Cir. Nov. 10, 2010)
- Ruling:
- Utah law firm's conduct did not violate homeowner's rights under Fair Debt Collection Practices Act (FDCPA) when the law firm sent notice of default required for non-judicial foreclosure and a...
- Judge(s):
- Hartz Holloway & Tymkovich
- Tag(s):
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