The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the United States Bankrutpcy Court for the District of South Dakota's dismissal of a pro se Chapter 13 petition...
The Court of Appeals for the Tenth Circuit affirmed the United States District Court for the District of Wyoming dismissal of a landowner's breach of contract claim as moot after the assignee of...
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...
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...
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...
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...
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,...
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...
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...
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...