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Gibson, In re--Sender v. Coney

Ruling
Debtor’s transfers to mother deemed fraudulent and preferential due to insider status, concealment, and inadequate value. (Bankr. D. Colo.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 25, 2025 , LexisNexis #1125-016

Mascio, In re--Graham v. Mascio

Ruling
Complaint in creditors’ proceeding for denial of discharge or nondischargeability of judgment debt met the heightened pleading standard for fraud as it provided enough specificity to put the debtor on notice as to the nature of the claims. (Bankr. D. Colo.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 22, 2025 , LexisNexis #1025-087

Tiel Trust, In re

Ruling
Debtor trust was not a business trust and was not eligible to be a bankruptcy debtor as thetrust agreement did not identify the beneficiaries' respective ownership interests in the trustby percentage, shares, or certificates. (Bankr. D. Colo.)
Issue(s)
Definitions; “Corporation”.

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Commercial opinion summary, case decided on January 22, 2024 , LexisNexis #0324-026

Hill v. Portillo (Kenneth C. Casey, Inc.)

Ruling
The bankruptcy trustee did not owe the buyer of debtor’s real estate any fiduciary duty as thetrustee's fiduciary duties extended only to the bankruptcy estate and its beneficiaries. (Bankr.D. Colo.)
Issue(s)
Duties of Trustee.

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Consumer opinion summary, case decided on June 17, 2022 , LexisNexis #0822-042

Quadruple D Trust, In re

Ruling
Trust was not eligible to be a bankruptcy debtor as it was not created and maintained for abusiness purpose and did not have any of the other attributes of a business trust. (Bankr. D.Colo.)

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Commercial opinion summary, case decided on March 18, 2022 , LexisNexis #0522-051

Saratoga & N. Creek Ry., LLC, In re

Ruling
Second amended plan was confirmed where debtor provided substantial and compellingtestimony supporting the business judgment to ensure that any proposed sale would gainapproval necessary to close the sale expeditiously and realize the best value. (Bankr. D. Colo.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on January 13, 2022 , LexisNexis #0322-017

United Western Bancorp, Inc. v. FDIC (In re United Western Bancorp, Inc.)

Ruling
Tax refund attributable to a net operating loss carryback of a failed bank was property of theestate. (Bankr. D. Colo.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on September 16, 2016 , LexisNexis #1216-108

In re Waring

Ruling
Chapter 13 case dismissed upon death of co-debtor. (Bankr. D. Colo.)
Issue(s)
Should chapter 13 case be dismissed following death of co-debtor?

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Consumer opinion summary, case decided on August 22, 2016 , LexisNexis #0916-063

In re Autterson

Ruling
Debtor's case dismissed for cause in best interests of creditors where it was unlikely that debtor and creditor bank could agree on a plan.
Issue(s)
Was either debtor's or bank's proposed chapter 11 plan confirmable or should the case be converted to chapter 7 or dismissed in best interests of creditors?

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Consumer opinion summary, case decided on February 26, 2016 , LexisNexis #0416-095

In re Escalera Res. Co.

Ruling
Order restraining utilities from discontinuing service prior to entry of final order for adequate assurance payments granted.
Issue(s)
Should interim order preventing debtor's utilities from terminating service be granted?

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Commercial opinion summary, case decided on November 09, 2015 , LexisNexis #1215-079