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Summaries by Andrew Johnson

Steinberg v. Bank of America, N.A. (In re Steinberg)

Citation:
10th Cir. BAP Case No. 12-082 (unpublished)
Ruling:
The Tenth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court's order granting relief from stay to Bank of America to foreclose on the debtor's house because the bankruptcy court...
Judge(s):
Nugent, Karlin, and Sommers
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

Citation:
Case No. 11-037, Bankruptcy Appellate Panel of the Tenth Circuit (the “BAP”)
Ruling:
Federal National Mortgage Association (“FNMA”) lacked standing to seek a “comfort order” that the automatic stay had been terminated pursuant to 11 U.S.C. 362(c)(3)(A). Citing In re...
Judge(s):
Thurman, Nugent and Romero
Tag(s):

Wadsworth v. The Word of Life Christian Center (In re McGough)

Citation:
Tenth Circuit Bankruptcy Appellate Panel (the "10th Cir. BAP"), Case No. 11-038
Ruling:
The "safe harbor" for charitable contributions in 11 U.S.C. 548(a)(2)(A) protects transfers up to an aggregate amount equal to 15% of a debtor's annual gross income. As a result, for a...
Judge(s):
Michael, Thurman and Karlin
Tag(s):

First National Bank of Durango v. Woods (In re Woods)

Citation:
11-083
Ruling:
A three judge panel of the Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) affirmed the confirmation of a chapter 12 plan of reorganization over the objection of an over-secured...
Judge(s):
Cornish, Michael, and Nugent
Tag(s):

Marx v. General Revenue Corp.

Citation:
10-1363
Ruling:
In this Fair Debt Collection Practices Act (FDCPA) case, the Tenth Circuit affirmed judgment for the defendant, debt-collector, General Revenue Corp. (GRC) on two issues. First, the Tenth...
Judge(s):
Kelly and Gilman (Sixth Circuit Judge sitting by designation); Lucero (filing written dissent on both issues).
Tag(s):

TW Telecom Holdings Inc. v. Carolina Internet Ltd.

Citation:
11-1068 (D.C. No. 1:10-01799-ZLW-MJW)
Ruling:
The automatic stay applies to all appeals of civil cases that were originally brought against the debtor, including appeals in which the debtor is the appellant. The Tenth Circuit Court of Appeals...
Judge(s):
Kelly, Gorsuch and Matheson
Tag(s):

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