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...
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 ...
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...
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...
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...
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
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...
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...
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...
