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Bankruptcy Appellate Panel of the Tenth Circuit

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In Re Swanson, WY-01-021, 99-10015 (2001)

285 B.R. 344 (2001), In re Swanson Ketel Thorstenson, L.L.P., v., Swanson., WY-01-021, 99-10015., United States Bankruptcy Appellate Panel, Tenth Circuit., December 21, 2001., Affirmed.

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In Re Blagg, NO-01-006 (2001)

271 B.R. 213 (2001), In re Blagg., Doyle, v., Miller., NO-01-006., United States Bankruptcy Appellate Panel, Tenth Circuit., June 28, 2001., Affirmed.

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In Re Miranda, NM-01-044, NM-01-047, NM-01-046, NM-01-045, NM-01-048, 99-10346, 00-11356, 99-17081, 98-10524 (2001)

, No. NM-01-044, NM-01-047, NM-01-046, NM-01-045, NM-01-048, 99-10346, 00-11356, 99-17081, 98-10524., United States Bankruptcy Appellate Panel, Tenth Circuit.

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In Re Flores, NM-00-069 (2001)

271 B.R. 213 (2001), In re Flores., Flores, v., U.S. Trustee., NM-00-069., United States Bankruptcy Appellate Panel, Tenth Circuit., May 23, 2001., Vacated.

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In Re White, KS-00-039 (2001)

271 B.R. 213 (2001), In re White., Duty, v., White., KS-00-039., United States Bankruptcy Appellate Panel, Tenth Circuit., January 23, 2001., Affirmed in part, Reversed in part.

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In Re Drew, BAP Nos. WY-00-018, WY-00-036. Bankr. No. 94-20907 (2001)

Another court has more recently relied on Rule 3004, Danielson, and Davis to support its decision to disallow claims filed by a trustee after the Rule's deadline (the court did not cite § 502(b)(9)). The case is REMANDED for further proceedings consistent with this opinion.

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In Re Kelsey, BAP No. WY-01-008. Bankruptcy No. 99-21200. Adversary No. 00-2019 (2001)

Mrs. Kelsey argues that the Bankruptcy Court erred in determining that the cash withdrawn by Mr. Kelsey from a joint bank account on the *779 eve of bankruptcy was his property when he transferred it to her., [4] The Bankruptcy Court analyzed the ownership of funds in a joint account.

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In Re Nichols, BAP No. WO-01-023. Bankruptcy No. 01-10129 (2001)

The court in no way held that the Creditors' liens related to Parcels A and B should apply to Parcel C., The debtor also claims that the notarization on Armstrong's mortgage on Parcel C was faulty and, therefore, the lien is invalid under Oklahoma law because it could not be recorded.

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In Re Turner, BAP No. WO-01-016, Bankruptcy No. 00-16212, Adversary No. 00-1262 (2001)

, *492 *493 Jim Pearson, Oklahoma City, OK, for Plaintiff-Counter-Defendant-Appellant. The split custody and support arrangements set forth in the temporary order were confirmed in the divorce decree, but issues of property division and Albright's request for attorneys' fees were deferred.

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In Re Lowther, BAP No. WO-00-075, Bankruptcy No. 00-10566, Adversary No. 00-1112 (2001)

, Neal Lowther, Plaintiff Debtor contends that she was forced to defend to protect her role as custodial parent and the attorney fee award undermines her ability to support her child, asking the court to determine the effect on the child's well-being if the court denied discharge.

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In Re Geneva Steel Co., BAP No. UT-00-070. Bankruptcy No. 99-21130 (2001)

, Richard M. Allen (Allen) appeals from an order of the Bankruptcy Court for the District of Utah (bankruptcy court) disallowing in part and subordinating in part his claim against Geneva Steel Company, Debtor herein (Debtor or Geneva Steel). See Angeles, 177 B.R. Granite Partners, 208 B.R.

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In Re Elkins Welding & Const., Inc., BAP No. NM-00-062. Bankruptcy No. 98-15031. Adversary No. 99-1111 (2001)

, Tom Parker (Parker) appeals from a Memorandum Opinion, Order and Judgment of the United States Bankruptcy Court for the District of New Mexico denying his motion for summary judgment and granting the motion for summary judgment of Lea County State Bank (Lea). § 55-9-203, Official Comment 1.

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In Re Stewart, BAP No. KS-00-067. Bankruptcy No. 98-41315. Adversary No. 98-7100 (2001)

Bankruptcy No. 98-41315., Cadle argues that the debtors' discharge should be denied under § 727(a)(3) because they failed to keep and provide sufficient records related to their partnership interest in an entity called Stewart Properties and a joint venture known as Ken Rod.

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In Re Parker, BAP No. KS-00-066. Bankruptcy No. 96-42822 (2001)

, Subsequently, the bankruptcy court's Order reopened the Debtor's Chapter 7 case and discharged Watson's Claim pursuant to § 727(b). While under the Bankruptcy Code, property interests are created and defined through state law, Butner v. United States, 440 U.S. 48, 55, 99 S. Ct.Rule 60 F.R.Civ.P.

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In Re Fross, BAP No. KS-00-028. Bankruptcy No. 94-21906 (2001)

In re Fross, BAP No. KS-00-028, 2000 WL 1902000 (10th Cir. 8016-3(b), which provides:, A party who files a motion requesting a stay of mandate pending appeal to the United States Court of Appeals for the Tenth Circuit must file, at the same time, proof of service on all other parties.

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In Re Rubia, BAP No. KS-00-008. Bankruptcy No. 98-14903. Adversary No. 99-5141 (2001)

The debtor owed VCCU a debt pursuant to the terms of the Credit Agreement, and he had the right to use the Ranger. Kan. Stat. Ann.[5], Alternatively, VCCU contends that the post petition payments cannot be proceeds of the lien because proceeds cannot come from a debtor's post petition earnings.

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In Re Eufaula Indus. Authority, BAP No. EO-00-083, Bankruptcy No. 97-71225, Adversary No. 98-7021 (2001)

, United States Bankruptcy Appellate Panel for the Tenth Circuit. Application of the Doctrine of Equitable Subordination to this Case, The first issue on appeal is whether the Court used the appropriate legal standard for determining the first element of an *490 equitable subordination claim

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