10th Circuit | ABI Volo - Circuit Court opinion summaries

10th Circuit: Cooley-Linder v. Behrends (In re Behrends)

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Mon, 14 Nov 2016 22:20:14 +0000

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Citation:

Cooley-Linder et al v. Behrends (In re Behrends), Case No 15-1420 (10th Cir. Nov. 14, 2016)

Ruling:

Judgment of bankruptcy court finding that damages awarded against debtor in an arbitration award and affirmed by the Denver state district court based on violations of securities laws were nondischargable under section 523(a)(19) affirmed by the Tenth Circuit. By ...

Judge(s):

Tymkovich, Bacharach, Moritz

10th Circuit: Rupp v. Pearson

SMULLIGAN@JACKSONKELLY.COM — Mon, 07 Nov 2016 22:21:12 +0000

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Citation:

Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.

Ruling:

It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of intent supported by the ...

Judge(s):

Tymkovich, Hartz, Phillips

10th Circuit: Scott v. King (In re Amerson)

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Mon, 31 Oct 2016 20:54:46 +0000

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Citation:

Scott v. King (In re Amerson), Case No. 15-1343 (10th Cir. Oct. 28, 2016)

Ruling:

The exclusion from the bankruptcy estate of an interest in a spendthrift trust under 541(c)(2) is permissive and not mandatory and it is a debtor's choice whether or not to include such interest in a bankruptcy estate. The debtor's ...

Judge(s):

Kelly, Briscoe, Gorsuch

10th Circuit: Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

SMULLIGAN@JACKSONKELLY.COM — Fri, 16 Sep 2016 21:16:25 +0000

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Citation:

Rhino Energy LLC, et al. v. C.O.P Coal Dev. Co., et al. (In re C.W. Mining Co.), Case No. 15-4108 (10th Cir. September 16, 2016).

Ruling:

A District Court’s order is not final if it remands a case to the Bankruptcy Court for significant further proceedings and thus, the 10th Circuit does not have appellate jurisdiction. To qualify as a collateral-order, the order must resolve an ...

Judge(s):

Phillips, McHugh, Moritz

10th Circuit: Clabaugh v. Grant (In re Grant)

SMULLIGAN@JACKSONKELLY.COM — Tue, 20 Sep 2016 20:20:48 +0000

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Citation:

Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished

Ruling:

Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised within the confines of the Bankruptcy Code and the ...

Judge(s):

Matheson, McKay, O’Brien

10th Circuit: Aquila, Inc. v. C.W. Mining Company

ann.zoltani@gmail.com — Wed, 07 Sep 2016 21:19:01 +0000

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Citation:

No. 16-4000 (D.C. No. 2:05-CV-00555-TC)

Ruling:

Appeal dismissed for lack of standing.

Judge(s):

HOLMES, BALDOCK, and MORITZ,

10th Circuit: Rindlesbach v. Jones (In re Rindlesbach)

SMULLIGAN@JACKSONKELLY.COM — Tue, 30 Aug 2016 20:44:00 +0000

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Citation:

Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished

Ruling:

A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely affected pecuniarily by the decree or ...

Judge(s):

Hartz, O’Brien, Phillips

10th Circuit: Rajala v. Gardner

SMULLIGAN@JACKSONKELLY.COM — Wed, 31 Aug 2016 21:02:07 +0000

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Citation:

Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished

Ruling:

The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor, future, nonpossessory, contingent, speculative, ...

Judge(s):

Gorsuch, Ebel, Bacharach

10th Circuit: J&R Investment v. Anthony (In re Anthony)

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Mon, 29 Aug 2016 20:43:34 +0000

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Citation:

J&R Investment v. Anthony (In re Anthony), Case No. 15-4161 (10th Cir. Aug. 29, 2016)

Ruling:

Bankruptcy court did not err in its determination that (1) plaintiff did not meet is prima facie case for revocation of discharge, (2) that the burden of persuasion did not shift to the defendant upon presentation of a prima facie ...

Judge(s):

Hartz, Murphy, and Phillips

10th Circuit: Diamond v. Vickery

wwallo — Mon, 22 Aug 2016 21:24:43 +0000

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Citation:

Diamond v. Vickery, No. 15-1069 (10th CIr. AUgust 19, 2016)

Ruling:

Determination as to dischargeability of debt was not yet final appealable order because of pending remand from district court as to other issues.

Judge(s):

Kelly, Matheson, and Moritz

10th Circuit: Hatfield v. Thompson (In re Thompson)

SMULLIGAN@JACKSONKELLY.COM — Mon, 22 Aug 2016 21:29:57 +0000

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Citation:

Hatfield v. Thompson, (In re Thompson), Case No. WO-15-027 (B.A.P. 10th Cir. August 19, 2016). Published

Ruling:

A debt proven under state law on grounds other than fraud can be excepted from discharge under the actual fraud provision of § 523(a)(2)(A) and to establish that a debt is excepted from discharge based on actual fraud, the creditor ...

Judge(s):

Romero, Jacobvitz, Mosier (Jacobvitz)

10th Circuit: Flanders v. Lawrence (In re Flanders)

SMULLIGAN@JACKSONKELLY.COM — Fri, 05 Aug 2016 21:00:12 +0000

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Citation:

Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished

Ruling:

The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised in the Federal Court as long as such claims ...

Judge(s):

Briscoe, Bacharach, McHugh

10th Circuit: Rich Dad Operating Co., LLC v. Zubrod, et al. (In re Rich Global, LLC)

SMULLIGAN@JACKSONKELLY.COM — Tue, 14 Jun 2016 21:13:53 +0000

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Citation:

Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)

Ruling:

An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose formal sale ...

Judge(s):

Briscoe, Lucero, Phillips

10th Circuit: Barney v. Bank of America (In re Gifford)

SMULLIGAN@JACKSONKELLY.COM — Mon, 06 Jun 2016 20:38:03 +0000

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Citation:

Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)

Ruling:

The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.

Judge(s):

Birscoe, Lucero, Phillips

10th Circuit: Lane v. Lane

SMULLIGAN@JACKSONKELLY.COM — Wed, 11 May 2016 20:58:40 +0000

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Citation:

Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).

Ruling:

Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...

Judge(s):

Lucero, Matheson, Bacharach (Lucero)