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Summaries by Jaden Banks
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 month 4 days ago
- Citation:
- 24-2028 (10th Circuit, Dec 04,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...
- Judge(s):
- TYMKOVICH, McHUGH, and MORITZ
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 3 months 4 weeks ago
- Ruling:
- Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
- Judge(s):
- COLLOTON, BENTON, and SHEPHERD
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 10 months 5 days ago
- Citation:
- No. 23-2491 (8th Circuit, Mar 08,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...
- Judge(s):
- SMITH, GRUENDER, SHEPHERD
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 2 weeks ago
- Citation:
- Nos. 21-1423, 21-1431, 21-1439; D.C Case No. 20-cv-01372 (10th Circuit, Dec 19,2023) Published
- Case Status:
- Affirmed
- Ruling:
- The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...
- Judge(s):
- PHILLIPS, MURPHY, and ROSSMAN
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 3 weeks ago
- Ruling:
- The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...
- Judge(s):
- BACHARACH, BALDOCK, and EBEL
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 3 weeks ago
- Citation:
- No. 22-2073, BAP No. 21-029-NM (10th Circuit, Dec 12,2023) Published
- Case Status:
- Reversed
- Ruling:
- The Tenth Circuit Court of Appeals reversed the Tenth Circuit BAP and affirmed the Bankruptcy Court for the District of New Mexico after determining that Chuza Oil Co, lacked a cognizable interest...
- Judge(s):
- TYMKOVICH, BACHARACH, and PHILLIPS
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 2 months ago
- Citation:
- 22-3261 (7th Circuit, Oct 17,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- Unscheduled legal claims remain property of the bankruptcy estate after discharge and cannot be considered abandoned, therefore a debtor lacks standing to pursue the claim through subsequent...
- Judge(s):
- Easterbrook, St. Eve, Kirsch II
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 3 months ago
- Citation:
- 22-3268 (10th Circuit, Sep 18,2023) Published
- Case Status:
- Affirmed
- Ruling:
- The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...
- Judge(s):
- Hartz, Tymkovich, Matheson
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 4 months ago
- Citation:
- 23-006 (10th Circuit, Aug 14,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Appellate Panel for the Tenth Circuit affirmed the Bankruptcy Court for the District of Utah’s approval of a settlement between the chapter 7 trustee and the Debtor’s estranged...
- Judge(s):
- Romero, Hall, and Loyd
- Tag(s):
-
- Summarized by Jaden Banks , Nyemaster Goode P.C.
- 1 year 5 months ago
- Citation:
- 22-2577 (8th Circuit, Aug 02,2023) Published
- Case Status:
- Affirmed
- Ruling:
- The Eighth Circuit Court of Appeals held that the cram down provision of Section 1225(a)(5)(B)(ii) requires the bankruptcy court evaluate the ultimate risk of nonpayment, therefore courts using a...
- Judge(s):
- GRUENDER, ARNOLD, and KELLY
- Tag(s):
-
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