463 B.R. 142 (2009), IN RE DAILEY;, LOYD, v., BALL., Nos. WO-09-011, 07-12794., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 10, 2009. DECISION WITHOUT PUBLISHED OPINION, Reversed.
431 B.R. 308 (2009), IN RE MILLER;, FORD MOTOR CREDIT CO. LLC, v., MILLER., No. KS-09-003, 08-40935., United States Bankruptcy Appellate Panel for the Tenth Circuit., November 19, 2009., Decision Without Published Opinion Reversed.
ROMERO, Bankruptcy Judge. The Chapter 7 Trustee, Darcy D. Williamson (the "Trustee"), appeals from the Bankruptcy Court's Order of October 17, 2008. The Trustee raises two issues on appeal: (1) whether the Bankruptcy Court erred in determining Debtors could each elect to exempt as homestead a residence occupied by the family of Debtor David Hall ("D. Hall"), but not by him personally, on the date of filing; and (2) whether the Bankruptcy Court erred in determining property acquired by Debtor...
[78] A review the bankruptcy court docket shows Debtor did in fact file a motion for recusal of Judge Karlin, but it did not do so until January 4, 2009, after the parties had completed briefing in this appeal., [2] Stipulated Order at 5, Agency, 231 F.3d 694, 698 (10th Cir.2000) (listing cases);
410 B.R. 71 (2009), In re Marc William DITTMAR, Debtor., Linda S. Parks, Trustee, Appellant v., Marc William Dittmar, Appellee., In re Patricia A. Little, Debtor., Linda S. Parks, Trustee, Appellant v., Patricia A. Little, Appellee., In re Larry E. Letourneau and Donna M. Letourneau, Debtors.
In short, if the Trustee seeks § 550(a) relief and the bankruptcy court grants that relief, it may either allow recovery of the transferred property, or, if the court so orders, its value.[21] Thus, we decline to hold that § 550(a) relief is unavailable in every lien avoidance case.
[54] The Bank's mortgage in this case, however, does indicate Debtor agreed to pay the Bank's legal fees and *373 reimburse its out of pocket expenses incurred post-judgment and in bankruptcy proceedings. The actual amount of postpetition fees claimed by the Bank is unclear from the record.
Bankruptcy No. 06-20528., On September 7, 2007, Appellants Jimmy Dean Pearson and Jeanette Lucille Pearson filed their Notice of Appeal to this Court from the Order Confirming Third Amended Chapter 13 Plan, entered August 28, 2007, by the United States Bankruptcy Court for the District of Wyoming.
, Debtor, Jill Stephens (Debtor), appeals a bankruptcy court judgment finding that Iowa's homestead exemption laws are inapplicable to property outside the State of Iowa., [3] A bankruptcy court's decision granting or denying a claimed exemption is a final order for purposes of appellate review.
[18], The Tenth Circuit's reasoning in McKendry is equally applicable in this case.[19] The fact that Frazier may recover from Schafer in state court on the basis of the promissory note does not preclude Frazier from utilizing § 523(a)(2)(A) to prevent discharge of that debt in bankruptcy court.
I. 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 agister then filed suit to foreclose on his lien.
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. to Rule 79(a) F.R.Civ.P.(a) Bankruptcy Dockets.
The Trustee raises two issues on appeal: (1) whether the Bankruptcy Court erred in determining Debtors could each elect to exempt as homestead a residence occupied by the family of Debtor David Hall (D. Hall), but not by him personally, on the date of filing;a gift by will of personal property;
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 *711 court hear the appeal.[25] Many a well-written decision has quelled an appeal.
[17] Both the Graupner court, interpreting Georgia law, and the Price court, interpreting North Carolina law, concluded that negative equity financed in connection with a 910 vehicle loan constitutes a purchase money obligation.The effect of AmeriCredit having a PMSI securing the debt.
, The bankruptcy court also correctly noted that a state statute may impose a trust as a matter of law. Where there is no evidence a debtor was entrusted with control of the creditor's investment funds or that he accepted funds in a trustee capacity, most courts have found no fiduciary duty exists.
[6] Debtor also asserts that the Bankruptcy Court should have applied the doctrines of res judicata, collateral estoppel, and/or Rooker-Feldman to the IRS's claims of impropriety of the Property transfers. In October 1999, the IRS issued an NFTL against Jagar, as the Debtor's nominee.
[19], The bankruptcy court found that neither the omission of the client list nor the transfer of assets post-petition were done with the intent to hinder, delay, or defraud Geyer because Geyer was not a creditor of the PC and therefore had no interest that could be affected by the transfer.
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 Debtor's Motion to Strike is hereby GRANTED.
The bankruptcy court held that under the Tenth Circuit's Roberts opinion, the events giving rise to penalties asserted for tax years 1997, 1998, and 1999 were Wilson's failure to file timely returns [in those *408 years], rendering the penalties dischargeable under § 523(a)(7)(B).
