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10th circuit

Terrabella Studios LLC, In re

Ruling
Lease assumption barred as state court judgment conclusively terminated lease and eviction was final under state law. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Nonresidential Lease Terminated Prior to Order For Relief.

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Commercial opinion summary, case decided on May 05, 2025 , LexisNexis #0725-059

Stutsman, In re

Ruling
Court ruled settlement funds from legal malpractice claim were property of the estate as they were not exempt compensation and no valid trust excluded them from bankruptcy. (Bankr. D. Kan.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on May 02, 2025 , LexisNexis #0725-064

Serna, In re

Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on April 02, 2025 , LexisNexis #0725-045

Silver Star of Nev., Inc., In re--Payne v. Sparkman

Ruling
Complaint failed to adequately identify the property assets trustee seeks to be declared property of the bankruptcy estate. (Bankr. W.D. Okla.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on March 24, 2025 , LexisNexis #0525-090

McWhorter, In re

Ruling
Court denied debtors' motion to reconsider due to procedurally deficient pleading challenging stay relief. (Bankr. W.D. Okla.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings; Stay Litigation.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-048

Romo, In re

Ruling
Debtors could claim increased state homestead exemption amount that had taken effect prior to the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion summary, case decided on February 27, 2025 , LexisNexis #0425-085

Roberts, In re--Roberts v. Sender

Ruling
Bankruptcy court did not abuse its discretion by failing to adjudicate objections to the creditors' claim before approving the settlement. (B.A.P. 10th Cir.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0425-100

Darter, In re--Gould v. Liebl-Weaver

Ruling
Counsel's mistake in miscalculating the appeal deadline based on a misunderstanding of the readily accessible and unambiguous rules was within counsel's control and could not constitute excusable neglect. (Bankr. W.D. Okla.)
Issue(s)
Time for Filing Notice of Appeal.

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Consumer opinion summary, case decided on January 23, 2025 , LexisNexis #0325-099

Gonzales, In re

Ruling
Debtor’s intentional conduct in selling creditors’ property to a third party, without justification and in bad faith, was a willful and malicious injury. (Bankr. D.N.M.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 23, 2025 , LexisNexis #0325-084

Chronister, In re--Homen v. Thomas

Ruling
Summary judgment denied where facts did not clearly establish that alleged fraudulent transfers were intended as a gift to the debtor. (Bankr. E.D. Okla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-093