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Summaries by Brandon Bickle
- Citation:
- 17-3247 (10th Circuit, Oct 17,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...
- Judge(s):
- Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges
- Tag(s):
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- Citation:
- 16-2221 (10th Circuit, Apr 07,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The 10th Circuit affirmed the order of dismissal. The Barton doctrine, derived from Barton v. Barbour, 104 U.S. 126 (1881) and its progeny, "precludes suit against a bankruptcy trustee for claims...
- Judge(s):
- Kelly, Matheson, and McHugh, Circuit Judges
- Tag(s):
-
- Citation:
- 16-3230 (10th Circuit, Mar 07,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Reviewing the bankruptcy court's approval of the settlement independently, applying de novo review to legal determinations and reviewing factual findings for clear error, the 10th Circuit affirmed....
- Judge(s):
- Phillips, McHugh, and Moritz, Circuit Judges
- Tag(s):
-
- Citation:
- 2015 WL 4647980 (10th Cir. Aug. 6, 2015) (Case Nos. 14-3063, 14-3064)
- Ruling:
- The Tenth Circuit affirmed the district court's summary judgment ruling in favor of the plaintiff, BancInsure. Applying Kansas law, the Court held that the "insured v. insured" exclusion in the...
- Judge(s):
- Kelly, Holmes, and McHugh, Circuit Judges.
- Tag(s):
-
- Citation:
- Case No. 14-1421, United States Court of Appeals for the 10th Circuit
- Ruling:
- Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure,...
- Judge(s):
- Matheson, Bacharach, and Moritz, Circuit Judges.
- Tag(s):
-
- Citation:
- 10th Cir. BAP No. KS-14-009
- Ruling:
- The BAP first held that the bankruptcy court did not abuse its discretion in granting summary judgment prior to the commencement of discovery, and EST failed to comply with the requirements of Fed....
- Judge(s):
- Thurman, Chief Judge; Romero and Jacobvitz, Bankruptcy Judges. Opinion by Jacobvitz.
- Tag(s):
-
- Citation:
- Mallo v. IRS (In re Mallo) No. 13-1464 and Martin v. IRS (In re Martin) No. 13-1488; U.S. Court of Appeals for the Tenth Circuit
- Ruling:
- The District Court's decision was affirmed. The 10th Circuit agreed that the untimely Form 1040s, filed after the IRS had assessed each debtor's tax liability, were not tax "returns" for purposes...
- Judge(s):
- Briscoe, Chief Circuit Judge; Lucero, Circuit Judge; and McHugh, Circuit Judge. Opinion by Judge McHugh.
- Tag(s):
-
- Citation:
- Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
- Ruling:
- Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his...
- Judge(s):
- Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
- Tag(s):
-
- Citation:
- United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
- Ruling:
- The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's...
- Judge(s):
- Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
- Tag(s):
-
- Citation:
- United States Bankruptcy Appellate Panel of the Tenth Circuit, No. UT-13-026
- Ruling:
- The BAP affirmed the bankruptcy court's ruling, on summary judgment, that the debt between the debtor and creditor-defendant was incurred in the ordinary course of the parties' businesses, and the...
- Judge(s):
- Cornish, Karlin, and Romero, Bankruptcy Judges. Opinion by Judge Karlin.
- Tag(s):
-
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