OPINION HALL , Bankruptcy Judge . Hyungkeun and Yeonam-Kim Sun appeal the bankruptcy court's order that, inter alia, held: 1) the debt they owed to Wonjoong and Yoonee Kim was a nondischargeable debt under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6); 1 2) the Kims were entitled to benefit-of-the-bargain damages of $1,042,206; and 3) the Kims were entitled to prejudgment interest of 8% per annum from May 17, 2007 until September 12, 2014. After carefully reviewing the record, we AFFIRM...
OPINION NUGENT , Bankruptcy Judge . Possessing, growing, and dispensing marijuana and assisting others to do that are federal offenses. But like several other states, Colorado has legalized these acts and heavily regulates them, triggering a flourishing marijuana industry there. Can a debtor in the marijuana business obtain relief in the federal bankruptcy court No. In the Marrama case, the United States Supreme Court held that a debtor who is involved in unlawful or deceitful conduct...
OPINION THURMAN , Chief Judge . In this appeal, both the debtor, Expert South Tulsa, LLC ("EST"), and the E.H. Hawes Revocable Trust (the "Trust") 1 challenge the bankruptcy court's order granting Cornerstone Creek Partners, LLC ("Cornerstone")'s motion for summary judgment in the appellants' fraudulent transfer claim against it. We affirm. I. BACKGROUND The basic facts are simple. EST sold real property (the "Commons") to Cornerstone in January 2010 for $3 million. Approximately ten...
SOMERS , Bankruptcy Judge . Debtor George David Gordon, Jr. ("Gordon") was formerly a practicing securities attorney and a certified public accountant, who regularly engaged in securities investing on behalf of himself, his wife, and his clients. He conducted business through his solely-owned professional corporation, G. David Gordon & Associates, P.C. (the "Professional Corporation" or the "PC"), which he had incorporated for the purpose of providing legal services. In approximately 2004,...
THURMAN, Bankruptcy Judge. The bankruptcy courts order of, relief was not stayed pending appeal, and the state court action proceeded to jury, trial. v. Russell, 499 U.S. 225, 238 (1991) (When de novo, review is compelled, no form of deference is acceptable. Commrs, 506 F.3d 962, 967 (10th Cir.
12, Approximately six weeks later, Gifford filed a Chapter 7 bankruptcy petition. Approximately 6, months later, MERS assigned the Mortgage to BAC, which had been servicing the, Mortgage (initially, as Countrywide Home Loan Servicing) since its transfer by, JSB to Countrywide in February 2006.
Analysis, The main issue in this appeal is whether the bankruptcy court abused its, discretion in denying Debtors motion to reopen their bankruptcy case to file, claims against Wells Fargo. The debt was discharged, 58, but the lien survived bankruptcy. Co., 99 F.3d, 964, 967 n.3 (10th Cir.
Claims Against Creditor Are Property of the Bankruptcy Estate, On appeal, Debtor argues that her wrongful foreclosure claims against, Creditor are not property of the bankruptcy estate, and therefore the bankruptcy, court was without jurisdiction to approve the Settlement Agreement.
Pat contends that Irma and David conspired to put, Irmas assets beyond Pats reach by labeling Irmas funds as family money.
, 10, See Trial Ex. 35 The bankruptcy courts ruling repeatedly emphasized, the parties course of conduct.-9-, default interest on the 2006 Note since payment on that Note was not due until, after Autterson filed his bankruptcy petition, similarly failed to prove its claim for, non-default interest.
properties .Settlement Agreement;, 26, Order Denying Debtors Request for Reconsideration and Rehearing on, Trustees Bill of Costs for Reasonable and Necessary Costs to Enforce a Writ of, Possession Due to Technical Problems, in Lane App.appeal heard by the United States District Court.
-5-, Flanders had not proven any portion of the Surplus was his separate property., The divorce court rejected Flanders argument that, pursuant to the Settlement, Agreement and Mutual Release executed in Trustees Adversary, Lawrence had, waived any claim she might have to the Surplus.
, The Chapter 7 debtor Robert Lane (the Debtor or Lane) appeals a, bankruptcy courts order approving a motion to sell coins filed by the Chapter 7, trustee Gary Barney (the Trustee) and an order striking Lanes objection to the, sale. Lane asks that we overturn the Sale Order and Strike Order.
We, however, reverse the, bankruptcy courts decision to calculate prejudgment interest on the entire, damage award from May 17, 2007, because it fails to adjust for when payments, were made and the accrual of interest. YKSI then assigned the Nova Note to the Kims. Co., 77 F.3d 1215 (10th Cir.
-4-, A few months later, in December 2012, Wells Fargo next filed a state court, action seeking a determination that Wells Fargo had a superior lien over lien, rights of other defendants/creditors in certain property that the Raels acquired, before they commenced their Chapter 11 bankruptcy case.
, 41, U.S. Const. Watson v. Ward, 404 F.3d, 1230 (10th Cir. Rule 9006(b)(2) precluded the bankruptcy court, from enlarging Debtors time to file a motion under Rule 9023 even though the, Clerk failed to comply with Rule 9022s mandate to immediately serve notice of, the entry of the June 19 Order.
2012) (The right to convert [from chapter 7] to Chapter 13, however, is not absolute, and, conversion may be denied where cause would exist to convert or dismiss the debtors, Chapter 13 case under 11 U.S.C. § 1307(c), including inability to propose a confirmable, plan and bad faith.
It ruled that equity prevented Debtors from asserting, Scotts interest in the Decedents estate or the Probate Contest had a value higher, than the $100, 000 received under the Settlement Agreement because they, neglected to timely disclose the interest and then claimed it had no value.
, Under Tenth Circuit law, no grounds exist to permit Gollehon to, successfully appeal the bankruptcy courts ruling on Florados capacity or, authority to sue. 65, As a prepetition judgment creditor, Florado is entitled to object to Gollehons, discharge pursuant to § 727(c)(1).
