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Rebein v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)

Dec
06
2016
Ruling
Summary judgment against debtor in fraudulent transfer proceeding properly affirmed. (10thCir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.

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Commercial opinion summary, case decided on December 06, 2016 , LexisNexis #0117-020
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Jubber v. SMC Elec. Prods. (In re C.W. Mining Co.)

Aug
10
2015
Ruling
Debtor's payment for mining equipment within 90 days of involuntary petition filing fell under the ordinary course of business exception to avoidance.
Issue(s)
Was debtor's payment for purchase of coal mining equipment made less than 90 days before the petition date properly held not to be avoidable on the ground that the debt was incurred and the payment made in the ordinary course of business?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 10, 2015 , LexisNexis #0915-019
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Gordon v. Wadsworth (In re Gordon)

Jun
26
2015
Ruling
Debtor could not claim state exemption in funds paid out of retirement plan.
Issue(s)
Could debtors claim a state exemption in funds paid out of a retirement plan into a savings account?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 26, 2015 , LexisNexis #0715-080
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In re Tracy Broad. Corp.

Oct
16
2012
Ruling
Federal Communications Act did not prevent debtor from granting security interest in broadcasting license.
Procedural posture

Appellant judgment creditor filed an adversary action in bankruptcy court to determine the extent of appellee bank's security interest in a chapter 11 debtor's federal broadcasting licence. The bankruptcy court found that the bank had no priority in proceeds of the sale of the license. The United States District Court for the District of Colorado affirmed. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 16, 2012 , LexisNexis #1112-011
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Chizzali v. Gindi (In re Gindi)

Feb
14
2011
Ruling
Appeal of dismissal of contempt citation was not exempt from stay.
Procedural posture

Judgment creditor challenged a decision of the U.S. Bankruptcy Appellate Panel of the Tenth Circuit, which affirmed a bankruptcy court decision refusing to lift the automatic stay to permit further proceedings regarding two issues raised by the creditor in his appeals arising out of a lawsuit by the creditor against appellee debtor. The bankruptcy court also ruled that the stay did not apply to the debtor's separate appeal.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 14, 2011 , LexisNexis #0311-005
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Sovereign Bank v. Hepner (In re Roser)

Jul
20
2010
Ruling
Avoidance of lien reversed where bankruptcy court erroneously held it was not timely perfected.
Procedural posture

In a chapter 7 case, the bankruptcy court allowed appellee trustee to avoid a lien held by appellant bank pursuant to 11 U.S.C.S. § 544(a). The District Court for the District of Colorado affirmed. The bank appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 20, 2010 , LexisNexis #1010-022
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Johnson v. Smith (In re Johnson)

Aug
05
2009
Ruling
Damages for stay violation were proper and enforceable even after dismissal of underlying case.
Procedural posture

Chapter 13 debtors obtained damages under 11 U.S.C.S. § 362(k)(1) for violation of the automatic stay by appellants, a business and an officer. While that decision was pending appeal, the Chapter 13 case was dismissed. On remand of the adversary action, appellants argued that the dismissal divested the court of its § 362 jurisdiction. The bankruptcy court and the Tenth Circuit Bankruptcy Appellate Panel (BAP) disagreed. An appeal followed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 05, 2009 , LexisNexis #0909-029
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