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Summaries by Andrew Johnson
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 11 years 7 months ago
- 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- 10th Cir. BAP Case No. 12-082 (unpublished)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):
-
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 12 years 8 months ago
- 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):
-
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 12 years 9 months ago
- 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):
-
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 12 years 9 months ago
- 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):
-
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 12 years 11 months ago
- Ruling:
- Securitization and pooling of a mortgage that names MERS as the beneficiary does not prevent the beneficiary named in the mortgage from initiating a foreclosure under Utah law.
- Judge(s):
- Briscoe, Ebel and Lucero
- Tag(s):
-
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 13 years 3 weeks ago
- 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):
-
- Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
- 13 years 1 month ago
- 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):
-
