378 B.R. 418 (2007), In re Svigel, Svigel, v., Stewart., Nos. WY-07-020, 06-20499., United States Bankruptcy Appellate Panel for the Tenth Circuit., June 18, 2007., Decision without published opinion. Remanded.
378 B.R. 417 (2007), In re Beery, Beery, v., Gonzales., Nos. NM-07-066, 94-10504-m7., United States Bankruptcy Appellate Panel for the Tenth Circuit., September 10, 2007., Decision without published opinion. Affirmed.
378 B.R. 418 (2007), In re Silver, Lincoln Nat. Life Ins. Co., v., Silver., Nos. NM-07-054, 7-96-11878-SS., United States Bankruptcy Appellate Panel for the Tenth Circuit., October 2, 2007., Decision without published opinion. Affirmed.
, Gonzales, v., U.S. Postal Service., United States Bankruptcy Appellate Panel for the Tenth Circuit.
378 B.R. 418 (2007), In re Rafter Seven Ranches LP, Rafter Seven Ranches LP, v., WNL Investments, L.L.C., Nos. KS-06-137, 05-40483-12., United States Bankruptcy Appellate Panel for the Tenth Circuit., September 12, 2007., Decision without published opinion. Reversed.
378 B.R. 418 (2007), In re Miller, Redmond, v., Miller., Nos. KS-06-132, 05-25745-7., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 16, 2007., Decision without published opinion. Affirmed.
378 B.R. 417 (2007), In re Dynamic Tooling Systems, Inc., Hantover, Inc., v., Bettcher Industries, Inc., Nos. KS-06-105, KS-06-111, 04-15900-11., United States Bankruptcy Appellate Panel for the Tenth Circuit., June 18, 2007., Decision without published opinion. Appeal Dismissed.
, HOWARD R. TALLMAN, Bankruptcy Judge. While Midwest objected to the confirmation of the plan arguing that the appropriate value for the Vehicle was the KBB retail value based on the language of § 506(a)(2), it did not submit any evidence in support of its position. 780, 28 L. Ed. 2d 113 (1971);
378 B.R. 418 (2007), In re Peterson, Ross, Schroeder and Romatzke, v., Peterson., Nos. CO-07-043, 04-14855-EBB., United States Bankruptcy Appellate Panel for the Tenth Circuit., September 7, 2007., Decision without published opinion. Affirmed.
378 B.R. 418 (2007), In re Smith, Phase One Landscapes, Inc., v., Hook., Nos. CO-07-029, 06-15511-SBB., United States Bankruptcy Appellate Panel for the Tenth Circuit., December 3, 2007., Decision without published opinion. Affirmed.
, Shortly before the state court trial was to begin, the Debtors filed their Chapter 13 petition. Stat. Ann. In re Knight, 55 F.3d 231, 234-35 (7th Cir.1995) (holding that if amount of claim can be determined, then debt is liquidated even though debtor may dispute liability); (See Appellant's App.
Bankruptcy., Accordingly, it is HEREBY ORDERED that:, (1) Appellant is directed to obtain a certified copy of the relevant transcripts in this appeal, serve them upon all parties, and file them with the Bankruptcy Court and this Court within 45 days of the date of this Order.
or (3) surrender the collateral. In fact, pre-BAPCPA § 1325(a)(1)(B), which allowed debtors to retain collateral and reduce contractual claims that exceeded the statutorily defined value of collateral to unsecured deficiency claims, was just such an impairment of creditors' rights.
OPINION, CLARK, Bankruptcy Judge. APPELLATE JURISDICTION, This Court has jurisdiction to hear timely-filed appeals from final judgments, orders, and decrees of bankruptcy courts within the Tenth Circuit, unless one of the parties elects to have the district court hear the appeal.
The district court entered judgment for Sells in accordance with the jury verdict on September 28, 2006. Sells' cross-appeal alleges that the bankruptcy court erred in finding that Huffer's actions were not imputed to Porter by virtue of their partnership relationship.
, In its conclusions of law, the bankruptcy court referred to debtor's delay of the case, its bad faith as evidenced in part by its proposed treatment of Wells Fargo's claim, and its failure to propose a plan that treated the Wells Fargo claim consistent with the court's valuation order.
ISSUES AND STANDARD OF REVIEW, The only issue on appeal is whether the bankruptcy court correctly determined that Debtor's renunciation was not a transfer of an interest in property subject to § 548(a). On November 15, 2004, Debtor filed a petition for bankruptcy relief in Wyoming. Stat. Ann.
That insurance coverage could potentially be of great value to the estate if any loss claims were made against the debtor for incidents occurring between the date of the alleged preferential payment and the filing of the bankruptcy., [8] See UPAC's Motion for Summary Judgment at 5,
The Debtor argues that the bankruptcy court erred when it allowed a creditor's expert witness to give opinion testimony on hearsay documents and then inappropriately weighed such evidence when it denied confirmation of the Debtor's Chapter 13 plan and dismissed his case. Gier, 986 F.2d at 1329.
The bankruptcy court concluded that under either the Tax Code test or the totality of the circumstances test, the weight of the evidence supported its finding that Sharp had a farming operation and was a farmer. 1504, 84 L. Ed. 2d 518 (1985). Sharp is listed in the pre-trial order as a witness.
