10th Circuit

Clark, In re--Clark v. Select Portfolio Servicing, Inc.

Ruling: 
Mortgagee's motion for summary judgment was denied where it failed to file a response to the trustee's final cure notice despite being advised that sanctions could be imposed for such failure. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on November 26,2018, LexisNexis #0119-058

Twyford, In re--Am. Nat’l Bank v. Twyford

Ruling: 
Motion to dismiss denied as the debtor was liable for the alleged injury and misconduct because he was alleged to have sold or disposed of the bank's collateral without the bank's permission and without paying the bank. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-040

Kiley, In re

Ruling: 
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016

Boddy, In re

Ruling: 
Personal representative's motions to avoid two judicial liens on the debtor's homestead wasdenied where there was no basis from substituting the personal representative as a partyagainst the lienholders. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on November 02,2018, LexisNexis #1218-070

Sandia Tobacco Mfrs., Inc., In re

Ruling: 
Only taxes that were assessed less than three years before the debtor declared bankruptcy were given priority status. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on September 16,2016, LexisNexis #1118-070

Robertson, In re--Arma Yates, LLC v. Robertson

Ruling: 
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075

Kearney, In re--Kearney v. Abruzzo

Ruling: 
Court was required to abstain where trustees' claims met the requirements for permissive abstention and were within the bankruptcy court's non-core jurisdiction. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 11,2018, LexisNexis #1118-088

Franco, In re

Ruling: 
Trustee's objection to proof of claim in mineral rights was sustained as creditor's asserted ownership of disputed mineral rights was not a right to payment. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 05,2018, LexisNexis #1118-061

Metz, In re--Metz v. Navient Educ. Loan Corp.

Ruling: 
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046

Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK

Ruling: 
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-040

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