Bankruptcy appellate panel properly reversed retroactive approval of attorney engagement and fees.
Issue(s)
Did the bankruptcy appellate panel properly reverse those portions of a bankruptcy court's order that confirmed post facto approval debtor's attorney's employment, allowed fees incurred prior to approval of his employment, and allowed postconfirmation fees?
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Lazzo v. Rose Hill Bank (In re Schupbach Invs. LLC)
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Court
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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on
November 03, 2015
, LexisNexis #1115-109
Appeal of dismissal of prepetition medical malpractice claim that was property of the estate dismissed.
Issue(s)
Could debtor military veteran bring an action based on a prepetition medical malpractice claim stemming from an allegedly negligent failure to diagnose and treat his back injury against the United States?
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Willess v. United States
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Court
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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on
March 26, 2014
, LexisNexis #0414-056
Dismissal of coal company's appeal of order for sale of debtor's assets affirmed, but dismissal of miner's appeal reversed.
Issue(s)
Did district court properly dismiss appeals of sale order by coal company and individual miner on grounds of mootness.
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Rushton v. ANR Co. (In re C.W. Mining Co.)
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Court
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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on
January 22, 2014
, LexisNexis #0214-042
Bankruptcy court properly held student loan debt was nondischargeable absent evidence of alleged disability or good faith attempts to repay.
Procedural posture
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.
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Roe v. College Access Network
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Court
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Consumer opinion summary, case decided on
October 09, 2008
, LexisNexis #1108-027
"Discharge by declaration" of student loan debt without adversary proceeding no longer allowed within 10th Circuit.
Procedural posture
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."
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Educational Credit Mgmt. Corp. v. Mersmann (In re Mersmann)
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Consumer opinion summary, case decided on
September 24, 2007
, LexisNexis #1107-027
Bankruptcy court properly denied debtor's exemption in personal injury settlement funds that were not properly disclosed.
Procedural posture
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.
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Gillman v. Ford (In re Ford)
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opinion summary, case decided on
May 17, 2007
, LexisNexis #0607-086
Waiver of avoidance action by debtor in possession was binding on chapter 7 trustee after conversion.
Procedural posture
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.
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Hill v. Akamai Techs. Inc. (In re MS55 Inc.)
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opinion summary, case decided on
February 13, 2007
, LexisNexis #0307-028
Musicians performed necessary services for debtor orchestra and were entitled to priority payments pursuant to collective bargaining agreement.
Procedural posture
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.
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Peters v. Pikes Peak Musicians Assn
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
September 01, 2006
, LexisNexis #1006-030