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Bankruptcy Appellate Panel of the Tenth Circuit

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In Re Francis, WY-08-015, 05-22882 (2008)

385 B.R. 800 (2008), IN RE FRANCIS;, FRANCIS, v., SALLIE MAE, INC., No. WY-08-015, 05-22882., United States Bankruptcy Appellate Panel of the Tenth Circuit., May 6, 2008., Decision without published opinion. Affirmed.

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In Re Carlson, WY-06-027, 06-8158 (2008)

381 B.R. 417 (2008), In re Carlson., Cobra Well Testers, LLC, v., Carlson., Nos. WY-06-027, 06-8158., United States Bankruptcy Appellate Panel Court for the Tenth Circuit., January 23, 2008., Decision without published opinion. Affirmed.

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In Re Thomas, WO-08-036, 07-10442 (2008)

397 B.R. 545 (2008), IN RE THOMAS., HARMON FAMILY TRUST, v., THOMAS., No. WO-08-036, 07-10442., United States Bankruptcy Appellate Panel for the Tenth Circuit., October 14, 2008., Decision without published opinion. Affirmed.

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In Re Lotspeich, WO-08-016, 02-22227 (2008)

397 B.R. 545 (2008), IN RE LOTSPEICH., FIRST STATE OPERATING CO., v., HOLBROOK., No. WO-08-016, 02-22227., United States Bankruptcy Appellate Panel for the Tenth Circuit., May 7, 2008., Decision without published opinion. Affirmed.

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In Re Red Rock Rig 101, Ltd., WO-07-073, 07-10477 (2008)

397 B.R. 545 (2008), IN RE RED ROCK RIG 101, LTD., RED ROCK RIG 101, LTD., v., UNIBRIDGE SYSTEMS, INC., No. WO-07-073, 07-10477., United States Bankruptcy Appellate Panel for the Tenth Circuit., May 15, 2008., Decision without published opinion. Affirmed.

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In Re Stauffer, UT-07-045, 04-22407 (2008)

391 B.R. 211 (2008), IN RE STAUFFER, AMERICAN GENERAL FINANCE OF UTAH, INC., v., STAUFFER., Nos. UT-07-045, 04-22407., United States Bankruptcy Appellate Panel for the Tenth Circuit., June 3, 2008., Decision without published opinion. Remanded.

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In Re Tollefsen, NO-07-057, 07-10268-M (2008)

397 B.R. 545 (2008), IN RE TOLLEFSEN., TOLLEFSEN, v., U.S. BANK NAT. ASS'N., No. NO-07-057, 07-10268-M., United States Bankruptcy Appellate Panel for the Tenth Circuit., March 11, 2008., Decision without published opinion. Affirmed.

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In Re Seferyn, KS-07-094, 05-26556 (2008)

463 B.R. 143 (2008), IN RE SEFERYN;, MISSOURI BLDG., LLC, v., CLARK., Nos. KS-07-094, 05-26556., United States Bankruptcy Appellate Panel for the Tenth Circuit., May 15, 2008. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Ramsey, KS-07-050, 04-23220 (2008)

385 B.R. 801 (2008), IN RE RAMSEY;, GRIFFIN, v., NOVASTAR MORTG., INC., No. KS-07-050, 04-23220., United States Bankruptcy Appellate Panel of the Tenth Circuit., April 9, 2008., Decision without published opinion. Appeal Dismissed.

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In Re Walker, CO-08-018, 07-17102-ABC (2008)

391 B.R. 211 (2008), IN RE WALKER, WALKER, v., RODRIGUEZ., Nos. CO-08-018, 07-17102-ABC., United States Bankruptcy Appellate Panel for the Tenth Circuit., July 7, 2008., Decision without published opinion. Affirmed.

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In Re Johns, CO-08-014, 06-13681-MER (2008)

397 B.R. 544 (2008), IN RE JOHNS., SOUTSOS, v., JOHNS., No. CO-08-014, 06-13681-MER., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 8, 2008., Decision without published opinion. Affirmed.

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In Re Hook, CO-07-106, 06-15551-SBB (2008)

397 B.R. 544 (2008), IN RE HOOK., SMITH, v., COLORADO DEPT. OF REVENUE., No. CO-07-106, 06-15551-SBB., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 26, 2008., Decision without published opinion. Affirmed.

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In Re Hook, CO-07-102, 06-15511-SBB (2008)

391 B.R. 211 (2008), IN RE HOOK, HOOK, v., MANZANARES., Nos. CO-07-102, 06-15511-SBB., United States Bankruptcy Appellate Panel for the Tenth Circuit., July 8, 2008., Decision without published opinion. Affirmed.

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In Re Johnson, BAP No. WY-08-021. Bankruptcy No. 04-20861. Adversary No. 04-02036 (2008)

, Appellants appeal the bankruptcy court's award of attorneys' fees to the Debtors, following a remand from this Court. This confusion *417 began when Debtors filed their request for hearing in the main case, rather than the adversary proceeding, where the original damages had been awarded.

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In Re Pearson, BAP No. WY-07-097. Bankruptcy No. 06-20528 (2008)

However, such interlocutory orders merge into the court's relevant final orders. The bankruptcy court concluded that under this test, the Debtors could not take the vehicle ownership expense deduction because they fully owned the vehicle and so had no applicable monthly expenses.

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In Re Holcomb, BAP No. WO-07-084. Bankruptcy No. 07-11331 (2008)

In the Motion the Debtors asked the bankruptcy court to determine that the automatic stay remained in effect with regard to the property of the estate or in the alternative to impose the automatic stay under 11 U.S.C. § 362(c)(4)(B)., On this issue, courts have taken two different approaches.

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In Re Miller, BAP No. UT-07-085, Bankruptcy No. 07-20270 (2008)

[5] In this case, the bankruptcy court did not directly order the case dismissed but instead issued a memorandum decision which determined that the Debtor's failure to make certain filings triggered the automatic dismissal provision of § 521(i)(1). other evidence of payment received .

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In Re Francisco, BAP No. NM-08-019. Bankruptcy No. 07-12810-s13 (2008)

The bankruptcy court held that § 109(h)(1) requires that credit counseling be completed, at the latest, on the calendar day prior to the day on which the petition is filed, and dismissed debtor's case. It is not measuring the period of time that is at issue here; Corp. (In re Overland Park Fin.

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In Re Appleberry, BAP No. NM-07-113, Bankr. No. 05-51063-s7 (2008)

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., [8] Proof of Claim, in Appellants' App.

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In Re Crowder, BAP No. NM-07-068, Bankr. No. 96-10336-m7 (2008)

[35] In so ruling, the court observed that to call the first agreement a contract would be a misnomer since there can be no contract in this situation without Bankruptcy Court approval [and] these instruments are but binding bids . 1979) (quoting State v. Begay, 320 P.2d 1017, 1019 (N.M.

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