10th Circuit | ABI Volo - Circuit Court opinion summaries

10th Circuit: Goddard v. Heldt (In re Heldt)

bgage — Tue, 14 May 2013 17:10:00 +0000

Citation:

No. 12-6027 (10th Cir. May 14, 2013)

Ruling:

Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...

Judge(s):

Lucero, Anderson, and Baldock, Circuit Judges.

10th Circuit: Bank of Cordell v. Sturgeon (In re Sturgeon)

smulligan — Wed, 15 May 2013 16:10:16 +0000

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Citation:

Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)

Ruling:

False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create a contrived and misleading understanding of a transaction, in which a creditor is wrongfully ...

Judge(s):

Nugent, Romero, Jacobvitz

10th Circuit: Lofstedt v. Kendall (In re Kendall)

bbickle — Wed, 08 May 2013 16:23:54 +0000

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Citation:

10th Cir. BAP, Case No. CO-12-070

Ruling:

The bankruptcy court's order was affirmed. The appellants challenged the order based on nothing more than the bankruptcy court's findings concerning the debtor's solvency. According to the appellants, the bankruptcy court relied upon experts that used the wrong ...

Judge(s):

Thurman, Cornish, and Nugent

10th Circuit: Cook v. Wells Fargo Bank, N.A. (In re Cook)

smulligan — Tue, 02 Apr 2013 17:01:22 +0000

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Citation:

Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)

Ruling:

Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not applicable in this case. Also, § 362(k) creates a ...

Judge(s):

Lucero, Porfilio, Matheson

10th Circuit: Schoppe v. Commissioner of Internal Revenue

emadden — Fri, 29 Mar 2013 17:11:02 +0000

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Citation:

Schoppe v. Comm'r of Internal Revenue, No. 12-9010, slip op. (10th Cir. Mar. 28, 2013)

Ruling:

The Tenth Circuit ruled that the automatic stay under 11 U.S.C. § 362(a)(1) does not apply to a proceeding commenced by the debtor-taxpayer’s petition filed in Tax Court, including any appeal from rulings in the underlying proceeding. Adopting the ...

Judge(s):

The panel consisted of Judges O'Brien, McKay, and Baldock. Judge McKay authored the opinion for the Court.

10th Circuit: Staker v. Jubber (In re Staker)

gmiller90 — Wed, 20 Mar 2013 17:33:02 +0000

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Citation:

Staker v. Jubber (In re Staker), Bankr. No. 11-35404, Adv. No. 12-02032 (10th Cir. B.A.P. Mar. 19, 2013) [Not for Publication]

Ruling:

Dismissing the appeals of the Bankruptcy Court’s orders remanding two quiet title actions to state court, the Tenth Circuit B.A.P. held the appeals were moot and the Debtors lacked the requisite standing to appeal the Bankruptcy Court’s orders. The B.A.P. ...

Judge(s):

Cornish, Michael and Jacobvitz, Bankruptcy Judges

10th Circuit: Sweeden v. Bertola (In re Bertola)

smulligan — Wed, 13 Mar 2013 16:53:44 +0000

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Citation:

Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)

Ruling:

A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under Colorado’s “proceeds statute.” All that is required is ...

Judge(s):

Karlin, Somers, and Mosier (sitting by designation).

10th Circuit: Diamond v. Vickery (In re Vickery)

bgage — Thu, 14 Mar 2013 17:21:07 +0000

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Citation:

No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)

Ruling:

Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required to establish a false representation to prevail on his claim for ...

Judge(s):

Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.

10th Circuit: Nordin v. Galaba (In re Nordin)

anicas — Wed, 13 Mar 2013 16:54:36 +0000

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Citation:

Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)

Ruling:

The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was proceeding in good faith. Instead, there was ...

Judge(s):

Karlin, Somers, Mosier

10th Circuit: Adamar of New Jersey, Inc. v. Innerbichler (In re Innerbichler)

omoezzi — Tue, 12 Mar 2013 20:12:54 +0000

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Citation:

Adamar of New Jersey, Inc . v. Innerbichler (in re Innerbichler), Case No. NM-12-032 (10th Cir. BAP Feb. 25, 2013) (Unpublished)

Ruling:

The BAP affirmed the bankruptcy court's ruling that the debtor's gambling debts were dischargeable and that the creditor was unable to establish that the debts were obtained by fraud under 11 USC Section 523(a)(2)(A) and denied debtor fees under Section ...

Judge(s):

Michael, Romero and Tallman, Bankruptcy Judges.

10th Circuit: Rajala v. Gardner

lfuller — Tue, 12 Mar 2013 16:39:55 +0000

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Citation:

Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)

Ruling:

The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who claimed the funds. The trustee claimed the funds ...

Judge(s):

Kelly, Murphy, and Tymkovich

10th Circuit: Cook v. Baca

smulligan — Fri, 08 Mar 2013 17:44:59 +0000

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Citation:

2013 WL 828814

Ruling:

The court affirmed the dismissal of pro se Appellant’s complaint in part and remanded with instructions to modify a portion of the dismissal from a dismissal with prejudice to without prejudice for lack of subject-matter jurisdiction. The Court found ...

Judge(s):

Gorsuch, Anderson, and Ebel

10th Circuit: Williamson v. Westby (In re Westby)

gmiller90 — Tue, 05 Feb 2013 17:50:30 +0000

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Citation:

Williamson v. Westby (In re Westby), Case No. 11-40986 (10th Cir. B.A.P. Feb. 4, 2013)

Ruling:

Affirming the bankruptcy court, the Tenth Circuit BAP held that a Kansas statute exempting tax refunds attributable to the Earned Income Credit for bankruptcy debtors is constitutional. The BAP incorporated the bankruptcy court decision by reference and reasoned that because ...

Judge(s):

Michael, Romero and Tallman, Bankruptcy Judges

10th Circuit: Dill Oil Co., LLC v. Stephens (In re Stephens)

bbickle — Wed, 16 Jan 2013 17:52:16 +0000

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Citation:

Appellate Case Number 11-6309 (Bankruptcy Case No. 10-14028-WV), Document Number 01018983694, entered on January 15, 2013.

Ruling:

The 10th Circuit reversed the bankruptcy court's ruling that the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) abrogated the absolute priority rule (APR), in its entirety as to individual Chapter 11 debtors. Section 1129(b)(2)(B)(ii) of the Bankruptcy Code ...

Judge(s):

Kelly and Holmes, Circuit Judges, and William J. Martinez, District Judge (sitting by designation). Opinion by Judge Kelly.

10th Circuit: Royal v. First Interstate Bank (In re Trierweiler)

omoezzi — Mon, 31 Dec 2012 17:19:34 +0000

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Citation:

10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.

Ruling:

AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no invalidating split between the note and the mortgage either when ...

Judge(s):

Thurman, Brown and Somers.