Judge Tymkovich

Lazzo v. Rose Hill Bank (In re Schupbach Invs. LLC)

Ruling: 
Bankruptcy appellate panel properly reversed retroactive approval of attorney engagement and fees.
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Commercial case opionion summary, case decided on November 03,2015, LexisNexis #1115-109

Willess v. United States

Ruling: 
Appeal of dismissal of prepetition medical malpractice claim that was property of the estate dismissed.
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Consumer case opionion summary, case decided on March 26,2014, LexisNexis #0414-056

Rushton v. ANR Co. (In re C.W. Mining Co.)

Ruling: 
Dismissal of coal company's appeal of order for sale of debtor's assets affirmed, but dismissal of miner's appeal reversed.
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Commercial case opionion summary, case decided on January 22,2014, LexisNexis #0214-042

Roe v. College Access Network

Appellant debtor, proceeding pro se, filed for bankruptcy after borrowing approximately $ 88,000 to attend college. Because her student loans could not be discharged absent a finding of undue hardship as provided by 11 U.S.C.S. § 523(a)(8), she brought an adversary proceeding in the bankruptcy court. The Bankruptcy Court for the District of Utah concluded that the loans could not be discharged. The debtor appealed.
Ruling: 
Bankruptcy court properly held student loan debt was nondischargeable absent evidence of alleged disability or good faith attempts to repay.
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1108-027

Educational Credit Mgmt. Corp. v. Mersmann (In re Mersmann)

In consolidated appeals from the Bankruptcy Appellate Panel for the Tenth Circuit, the federal court of appeals was asked to reconsider its precedent concerning the discharge in bankruptcy of student loan debts vis-a-vis two debtors. Under 11 U.S.C. § 523(a)(8), student loans were nondischargeable unless a student debtor proved that continued payment was an undue hardship. The Tenth Circuit allowed "discharge by declaration."
Ruling: 
"Discharge by declaration" of student loan debt without adversary proceeding no longer allowed within 10th Circuit.
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Consumer case opionion summary, case decided on September 24,2007, LexisNexis #1107-027

Gillman v. Ford (In re Ford)

The bankruptcy court concluded that appellee debtor acted in bad faith when she delaying disclosure of her interest in a personal injury suit, and thus denied an exemption that ordinarily applied to personal injury settlements under Utah law. The debtor appealed to the Tenth Circuit Bankruptcy Appellate Panel, which reversed. The debtor and appellant trustee appealed.
Ruling: 
Bankruptcy court properly denied debtor's exemption in personal injury settlement funds that were not properly disclosed.
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Hill v. Akamai Techs. Inc. (In re MS55 Inc.)

Plaintiff bankruptcy trustee filed an avoidance action against defendant secured creditor to recover transfers for the benefit of the bankruptcy estate. A bankruptcy court denied the creditor's motion for summary judgment, and the creditor appealed. The District Court for the District of Colorado reversed the bankruptcy court's judgment, and the trustee appealed.
Ruling: 
Waiver of avoidance action by debtor in possession was binding on chapter 7 trustee after conversion.
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Peters v. Pikes Peak Musicians Assn

When reorganization failed, debtor orchestra converted its chapter 11 bankruptcy to a chapter 7 proceeding. Defendant musicians were granted a first priority payment of postpetition wages and benefits due under the terms of a collective bargaining agreement ("CBA") as administrative expenses under 11 U.S.C. §§ 503(b)(1)(A) and 507(a)(1). Plaintiff trustee appealed the decision from the District Court for the District of Colorado.
Ruling: 
Musicians performed necessary services for debtor orchestra and were entitled to priority payments pursuant to collective bargaining agreement.
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