10th Circuit

Robertson, In re--Arma Yates, LLC v. Robertson

Ruling: 
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075

Kearney, In re--Kearney v. Abruzzo

Ruling: 
Court was required to abstain where trustees' claims met the requirements for permissive abstention and were within the bankruptcy court's non-core jurisdiction. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 11,2018, LexisNexis #1118-088

Franco, In re

Ruling: 
Trustee's objection to proof of claim in mineral rights was sustained as creditor's asserted ownership of disputed mineral rights was not a right to payment. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 05,2018, LexisNexis #1118-061

Metz, In re--Metz v. Navient Educ. Loan Corp.

Ruling: 
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046

Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK

Ruling: 
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-040

Froehlich, In re

Ruling: 
Court could not create a judicial exception to the estate termination theory for debtors whoconverted their cases from chapter 7 to chapter 13 to preserve non-exempt assets. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-026

Kearney, In re

Ruling: 
Emergency motion to stay pending appeal was denied as court found that debtor is not likelyto succeed on the merits of the appeal and a stay pending appeal would substantially harmdebtor's creditors and cause further expense and delay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-028

PostRock Energy Corp., In re

Ruling: 
Trustee's claim for fraudulent transfer was dismissed as he failed to indicate which of the sixjointly administered debtors made the transfer. (Bankr. W.D. Okla.)
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Commercial case opionion summary, case decided on September 06,2018, LexisNexis #1018-079

Wright, In re

Ruling: 
Court ordered attorney to disgorge value of fees LLC collected from debtors in cases wherehe used the LLC's billing service as he failed to inform the court about the arrangement withthe LLC. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-063

Jackson, In re

Ruling: 
Spouse did not have a valid claim to sale proceeds as condominium was community propertythat had become part of the bankruptcy estate. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-067

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