Judge Tacha

Standiferd v. United States (In re Standiferd)

Debtors filed a chapter 13 bankruptcy petition, obtained confirmation of their chapter 13 plan, and then willfully violated the provisions of the confirmation order. Thereafter, debtors converted their case to chapter 7. The bankruptcy court granted appellee trustee's motion to deny debtors discharge based on their pre-conversion misconduct. The U. S. District Court for the District of New Mexico affirmed. Debtors appealed.
Ruling: 
Discharge denied due to converted chapter 7 debtor's misconduct while case was in chapter 13.
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Consumer case opionion summary, case decided on April 12,2011, LexisNexis #0511-034

Caplan v. B-Line LLC (In re Kirkland)

A predecessor to appellee creditor submitted a proof of claim in debtor's chapter 13 bankruptcy case, which was later converted to a chapter 7 case. Appellant trustee objected to the claim, and the bankruptcy court sustained the objection and disallowed the claim. A divided bankruptcy appellate panel of the Tenth Circuit (BAP) reversed the bankruptcy court's decision. The trustee appealed.
Ruling: 
Bankruptcy appellate panel erred in reversing disallowance of claim where neither original creditor nor subsequent transferee filed required documentation.
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Consumer case opionion summary, case decided on July 14,2009, LexisNexis #0809-034

Scrivner v. Mashburn (In re Scrivner)

Appellants, debtors who disclosed in their petition but did not claim as exempt an interest in television program revenues, appealed the judgment of the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit (BAP), affirming a bankruptcy court's authorization post-discharge of a surcharge for post-petition distributions of the revenues, and the BAP's refusal to decide whether the debtors' distributions were exempt.
Ruling: 
Bankruptcy court did not have authority to approve surcharge for postpetition distribution of television revenues.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0908-018

Wachovia Dealer Servs. v. Jones (In re Jones)

Appellants, creditors in five chapter 13 bankruptcy proceedings, sought review of the U.S. Bankruptcy Panel of the Tenth Circuit's confirmation of appellee debtors' reorganization plans. All five cases involved 910 car loans. The creditors objected to the plans, arguing that they were entitled to postpetition interest on their claims under 11 U.S.C.S. § 1325(a)(5)(B)(ii). The federal bankruptcy court overruled the creditors' objections.
Ruling: 
"910 vehicle" loans are allowed secured claims which may accrue postpetition interest.
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Consumer case opionion summary, case decided on July 07,2008, LexisNexis #0908-057

DaimlerChrysler Fin. Servs. Americas LLC v. Ballard (In re Ballard

Appellant company objected to the confirmation of appellees, debtors', plans in two chapter 13 bankruptcy proceedings. Because the proceedings involved the same legal issue, whether surrender of the debtors' vehicles fully satisfied the company's claim under the retail installment contracts, the bankruptcy court consolidated argument and overruled the company's objections. The Bankruptcy Appellate Panel of the Tenth Circuit affirmed.
Ruling: 
Creditor entitled to pursue unsecured claim for deficiency on "910 vehicle" pursuant to contract and state law.
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Consumer case opionion summary, case decided on May 19,2008, LexisNexis #0608-056
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