Bankruptcy Appellate Panel of the Tenth Circuit Court Cases

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  1. In Re Midgard Corp. (1997)

    The debtor, Midgard Corporation ("Debtor"), and David Personette, an insider of the Debtor ("Personette"), appeal the order of the United States Bankruptcy Court for the Western District of Oklahoma denying their motion for remand and their motion for reconsideration. We reverse and remand this proceeding to the Bankruptcy Court with instructions to remand it to state court.[1]


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WO-96-21, Bankruptcy No. 93-12740-BH, Adv. No. 96-1218-BH
  2. In Re Storie (1997)

    Antlers Roof-Truss & Builders Supply ("Antlers") has appealed an order of the United States Bankruptcy Court for the Eastern District of Oklahoma determining that certain debts owed by Allen Jerry Storie and Kathleen Helleckson Storie (collectively, the "Debtors") to Antlers and four other entities(collectively, the "Plaintiffs") are dischargeable in the Debtors' chapter 7 bankruptcy case.[1] For the reasons set forth below, we REVERSE the order of the Bankruptcy Court as it applies to [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. EO-97-008, Bankruptcy No. 95-71149, Adversary No. 95-7128
  3. In Re Lanning (2007)

    Joyce Owen, Assistant United States Trustee and Richard A. Wieland, Acting United States Trustee, of the United States Trustee's Office, Wichita, KS (Roberta A. Deangelis, Acting General Counsel, P. Matthew Sutko, and Melissa R. Burgess of the Executive Office for United States Trustees, Washington, D.C., of counsel) for United States Trustee as Amicus Curiae supporting affirmance.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. KS-07-067, Bankruptcy No. 06-41037
  4. In Re Diviney (1998)

    Creditor NationsBank of Texas, N.A. ("the Bank"), appeals from an order entered pursuant to 11 U.S.C. § 362(h) that found it had willfully violated the automatic stay and awarded the debtors actual damages of $2,850, attorney fees of $15,000, and punitive damages of $40,000. For the reasons set forth below, we AFFIRM the order of the bankruptcy court.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. NO-97-070, Bankruptcy No. 96-04770, Adversary No. 97-0040
  5. In Re Smitty's Truck Stop, Inc. (1997)

    Appellant Georg Jensen appeals the Order on Request for Payment of Attorney's Fees of the United States Bankruptcy Court for the District of Wyoming ("the Order"). In its Order, the Bankruptcy Court required the Appellant, attorney for the debtor, to disgorge all previously paid compensation and denied further compensation from the debtor's bankruptcy estate. This Court has jurisdiction pursuant to 28 U.S.C. § 158(c). We review the Bankruptcy Court's denial of compensation for abuse of [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WY-96-023, Bankruptcy No. 93-20358
  6. In Re Kleinfeldt (2002)

    The Appellants appeal an "Order on Motion for Turnover" entered by the Bankruptcy Court for the District of Wyoming. The order denied the Appellants' request that the Trustee be ordered to turnover a portion of the Debtor's 2001 tax refund to Mrs. Kleinfeldt.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WY-02-054, Bankruptcy No. 01-10292
  7. In Re McCarn (1998)

    The debtors have appealed an Order of the United States Bankruptcy Court for the District of Wyoming denying confirmation of their chapter 13 plan. The sole issue on appeal is whether 11 U.S.C. § 1322(c)(1) permits the debtors' chapter 13 plan to provide for the cure of a default with respect to a lien on their principal residence if the home was sold at a foreclosure sale prior to the time that they filed bankruptcy, but the debtors had a right of redemption under Wyoming law during the [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WY-97-045, Bankruptcy No. 97-20214
  8. In Re Longley (1999)

    At gunpoint, a debtor relinquished his 1994 Mitsubishi 3000 GT to a drug dealer. He filed for Chapter 7 bankruptcy relief several months later. The creditor who held a recorded lien against the vehicle obtained a judgment declaring the debtor's obligation to be non-dischargeable as a willful and malicious injury pursuant to 11 U.S.C. § 523(a)(6). For the reasons set forth below, we conclude that the Bankruptcy Court's judgment must be REVERSED.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. NO-98-061. Bankruptcy No. 97-03188. Adversary No. 97-0334
  9. In Re Pearson (2008)

    Debtors/Appellants Jimmy Dean and Jeannette Lucille Pearson ("Debtors") appeal a Confirmation Order of their Third Amended Plan entered by the bankruptcy court for the District of Wyoming. The Debtors argue that the bankruptcy court erred when it denied confirmation of their First Amended Plan on the grounds that under the means test they had wrongfully claimed a vehicle acquisition allowance for two vehicles. We agree with the Debtors that the means test allows a debtor to take the full [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WY-07-097. Bankruptcy No. 06-20528
  10. In Re Harris (1997)

    Beneficial Oklahoma, Inc. ("Beneficial") appeals two orders of the United States Bankruptcy Court for the Western District of Oklahoma, one denying Beneficial's motion for summary judgment and one granting a cross-motion for summary judgment in favor of the Debtor. For the reasons set forth below, we conclude that the Bankruptcy Court properly denied Beneficial's motion for summary judgment, but erred in granting the Debtor's cross-motion for summary judgment. Accordingly, we affirm the [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WO-97-002, Bankruptcy No. 96-12669-BH, Adversary No. 96-1319-BH
  11. In Re Davis (1999)

    Debtor Louis Wayne Davis appeals the order of the bankruptcy court denying confirmation of his Fourth Amended Chapter 13 bankruptcy plan and dismissing his Chapter 13 bankruptcy petition. For the reasons set forth below, we affirm.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. EO-98-027. Bankruptcy No. 97-71832
  12. In Re Investment Company of the Southwest, Inc. (2006)

    This is an appeal by Compass Bank ("Compass" or "Bank")[2] from the order confirming the Chapter 11 plan of Debtor, Investment Company of the Southwest, Inc. ("ICS") (the "Confirmation Order"). Debtor is a real estate developer owning both developed and undeveloped properties primarily in New Mexico. Compass was Debtor's primary lender, and it contends that the bankruptcy court erred in confirming Debtor's modified Second Amended Plan. For the reasons articulated below, the Court reverses and [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. NM-04-085, Bankruptcy No. 11-02-17878-SA
  13. In Re Kirkland (2007)

    Appellant B-Line, LLC appeals an order of the bankruptcy court disallowing its claim against Patricia M. Kirkland ("Debtor"). The bankruptcy court sustained the Objection of Michael J. Caplan ("Trustee"), whose only objection to the claim was that it failed to meet the requirements of the Federal Rules of Bankruptcy Procedure because the claimant had not attached any supporting documentation.[1] Holding that 11 U.S.C. § 502(b) provides the exclusive grounds for disallowance of a claim and that [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. NM-07-021, Bankruptcy No. 01-15748-M7
  14. In Re Seay (1997)

    Ray E. Holaday (Holaday) seeks reversal of two bankruptcy court orders that resulted in the discharge of a debt owed to him by Edgar Andrew Seay (Debtor), the Chapter 7 Debtor. The orders appealed from are an Order Denying Plaintiff's Motion for Summary Judgment and Granting Defendant's Motion for Summary Judgment (Summary Judgment Order) on Holaday's 11 U.S.C. § 523(a)(4)[1] claim for relief, and a Judgment, Findings of Fact, Conclusions of Law and Decision on Trial of Adversary Proceeding [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WO-97-042, Bankruptcy No. 96-13854, Adversary No. 96-1265
  15. In Re Stewart (2001)

    The Cadle Company ("Cadle") appeals a judgment of the United States Bankruptcy Court for the District of Kansas rejecting its claim that the Chapter 7 discharge of Roddy Mac Stewart ("Rod") and Deborah B. Stewart ("Deb") (collectively, the "debtors") should be denied under 11 U.S.C. § 727(a)(2)(A), (3), (4)(A), or (5). For the reasons stated below, the bankruptcy court is AFFIRMED.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. KS-00-067. Bankruptcy No. 98-41315. Adversary No. 98-7100
  16. In Re Jordana (1999)

    Jonn M. Jordana appeals two orders of the United States Bankruptcy Court for the Western District of Oklahoma. The first order denied his motion to avoid McCart's lien against his homestead. The second order granted summary judgment in favor of McCart, holding that her claim against the Debtor is nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (B). See In re Jordana, 221 B.R. 950 (Bankr. W.D.Okla.1998). For the reasons discussed below, this Court affirms the bankruptcy court's rulings.

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WO-98-051, Bankruptcy No. 97-17566, Adversary No. 97-1400
  17. In Re Griffey (2005)

    The facts are undisputed. The Appellants are the debtors in the underlying Chapter 13 bankruptcy case, and they brought a complaint against U.S. Bank ("the Bank"), seeking to "strip off" the Bank's second mortgage on their primary residence. The Bank did not appear or answer the complaint. Consequently, the Appellants complied with the bankruptcy court's direction and filed a motion for default judgment. The Bank again did not respond. The bankruptcy court, however, denied the motion for [...]

    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. CO-05-066. Bankruptcy No. 03-34845-ABC. Adversary No. 04-01406-ABC
  18. In Re Kukuk (1998)

    Robert L. Kukuk, one of the debtors in this chapter 7 case ("Kukuk"), appeals a judgment of the United States Bankruptcy Court for the Western District of Oklahoma finding a portion of his credit card debt to Chevy Chase Bank FSB ("Bank") to be non-dischargeable under 11 U.S.C. § 523(a)(2)(A). For the reasons set forth below, the judgment of the bankruptcy court is REVERSED, and the matter is REMANDED for a decision consistent with this Opinion.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WO-98-018, Bankruptcy No. 97-13863, Adversary No. 97-1187
  19. In Re Stephens (2009)

    Debtor, Jill Stephens ("Debtor"), appeals a bankruptcy court judgment finding that Iowa's homestead exemption laws are inapplicable to property outside the State of Iowa. We reverse and remand for further proceedings consistent with this decision.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. WO-08-086. Bankruptcy No. 07-11679
  20. In Re Cozad (1997)

    This Panel is asked to review the Bankruptcy Court's determination that the judgment of Zeigler Engineering Sales, Inc. ("Zeigler") against Donald L. Cozad ("debtor") is avoided in its entirety under 11 U.S.C. § 522(f). For the reasons set out below, we conclude that the Bankruptcy Court was correct in its computation that Zeigler's judgment was avoidable in its entirety.


    Court: Bankruptcy Appellate Panel of the Tenth Circuit Docket: BAP No. UT-96-25, Bankruptcy No. 95-24638

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