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Bankruptcy Appellate Panel of the Tenth Circuit

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In Re Lovell's American Car Care, LLC, WY-09-033, 08-20128 (2010)

438 B.R. 355 (2010), IN RE LOVELL'S AMERICAN CAR CARE, LLC., LOVELL'S AMERICAN CAR CARE, LLC, v., WELLS FARGO BANK, N.A., Nos. WY-09-033, 08-20128., United States Bankruptcy Appellate Panel for the Tenth Circuit., July 14, 2010. DECISION WITHOUT PUBLISHED OPINION, Reversed.

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In Re Timothy, UT-10-003, 08-28332 (2010)

, In this above-median income Chapter 13 case, the debtors appeal the bankruptcy court's order confirming a plan that includes Social Security income as part of projected disposable income for plan payment purposes and requires payments for an applicable commitment period of five years.

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In Re George Love Farming, LLC., UT-08-094, 06-20612 (2010)

438 B.R. 354 (2010), IN RE GEORGE LOVE FARMING, LLC., LOVE, v., BARNES BANKING CORP., Nos. UT-08-094, 06-20612., United States Bankruptcy Appellate Panel for the Tenth Circuit., March 9, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Paige, UT-08-062, 05-34474 (2010)

438 B.R. 355 (2010), IN RE PAIGE., SEARCH MARKET DIRECT, INC., v., JUBBER., Nos. UT-08-062, 05-34474., United States Bankruptcy Appellate Panel for the Tenth Circuit., September 15, 2010. DECISION WITHOUT PUBLISHED OPINION, Appeal Dismissed.

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IN RE TIMOTHY, 442 B.R. 28 (2010)
Bankruptcy Appellate Panel of the Tenth Circuit Filed: Dec. 29, 2010 Citations: 442 B.R. 28, 08-28332., UT-10-003

OPINION CORNISH, Chief Judge. In this above-median income Chapter 13 case, the debtors appeal the bankruptcy court's order confirming a plan that includes Social Security income as part of projected disposable income for plan payment purposes and requires payments for an applicable commitment period of five years. The debtors agreed to the terms of the plan under protest, but reserved their right to appeal. Having reviewed the record and applicable law, we affirm the bankruptcy court's order....

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IN RE LIEHR, 439 B.R. 179 (2010)
Bankruptcy Appellate Panel of the Tenth Circuit Filed: Nov. 04, 2010 Citations: 439 B.R. 179, 08-21528., CO-09-071, CO-09-072

OPINION MICHAEL, Bankruptcy Judge. Standing Chapter 13 trustee Sally J. Zeman ("Zeman") and creditor eCast Settlement Corporation ("eCast") appeal the bankruptcy court's order confirming the Chapter 13 plan of debtors Peter Albert Helmut Liehr, Jr. and Karen Kay Liehr (the "Liehrs"). Zeman and eCast argue the bankruptcy court erred in confirming the plan over their objections because it does not pay the unsecured creditors in full, nor does it apply all of the Liehrs' projected disposable...

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In Re Vista Ridge Development, LLC, CO-10-050, 09-37789 (2010)

463 B.R. 143 (2010), IN RE VISTA RIDGE DEVELOPMENT, LLC;, VISTA RIDGE DEVELOPMENT, LLC, v., VISTA RIDGE ASS'N, INC., Nos. CO-10-050, 09-37789., United States Bankruptcy Appellate Panel for the Tenth Circuit., December 20, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Bishop, CO-10-032, 09-30885 (2010)

463 B.R. 142 (2010), IN RE BISHOP;, BISHOP, v., CONNOLLY., Nos. CO-10-032, 09-30885., United States Bankruptcy Appellate Panel for the Tenth Circuit., November 4, 2010. DECISION WITHOUT PUBLISHED OPINION, Reversed.

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In Re Burton, CO-10-022, 09-15177 (2010)

463 B.R. 142 (2010), IN RE BURTON;, BARENBERG, v., RUSSELL ROSCOE BURTON., Nos. CO-10-022, 09-15177., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 31, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed and Reversed.

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In Re Sandoval, CO-10-012, 08-30171 (2010)

438 B.R. 355 (2010), IN RE SANDOVAL., PEREA, v., SANDOVAL., Nos. CO-10-012, 08-30171., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 10, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Health Trio, Inc., CO-09-073, 09-34404 (2010)

438 B.R. 354 (2010), IN RE HEALTH TRIO, INC., HEALTH TRIO, INC., v., CENTENNIAL RIVER CORP., Nos. CO-09-073, 09-34404., United States Bankruptcy Appellate Panel for the Tenth Circuit., July 12, 2010. DECISION WITHOUT PUBLISHED OPINION, Appeal Dismissed.

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In Re Gindi, CO-09-068, 09-24436 (2010)

438 B.R. 354 (2010), IN RE GINDI., CHIZZALI, v., GINDI., Nos. CO-09-068, 09-24436., United States Bankruptcy Appellate Panel for the Tenth Circuit., April 1, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Kuwazaki, CO-09-057, 07-21829 (2010)

438 B.R. 355 (2010), IN RE KUWAZAKI., BROWN, v., KUWAZAKI., Nos. CO-09-057, 07-21829., United States Bankruptcy Appellate Panel for the Tenth Circuit., September 23, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Kleinhans, CO-09-029, 07-19376-SBB (2010)

438 B.R. 355 (2010), IN RE KLEINHANS., HEPNER, v., PERRY., Nos. CO-09-029, 07-19376-SBB., United States Bankruptcy Appellate Panel for the Tenth Circuit., March 30, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Blatzer, CO-09-024, 07-10869-MER (2010)

438 B.R. 354 (2010), IN RE BLATZER., RYAN, v., BLATZER., Nos. CO-09-024, 07-10869-MER., United States Bankruptcy Appellate Panel for the Tenth Circuit., February 8, 2010. DECISION WITHOUT PUBLISHED OPINION, Affirmed.

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In Re Liehr, BAP Nos. CO-09-071, CO-09-072. Bankruptcy No. 08-21528 (2010)

[6] Zeman and eCast timely appealed the bankruptcy court's Plan *182 confirmation order., Prior to Lanning, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit), in In re Turner, [45] addressed the expense side of the calculation *187 of PDI, also on direct appeal.

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In Re Crowson, BAP No. WY-09-067. Bankruptcy No. 09-20032 (2010)

, United States Bankruptcy Appellate Panel of the Tenth Circuit., The Crowsons' tax refund arose not only from Debtor's withholding, but also from three tax credits that generated refundable overpayments: the earned income credit, the additional child tax credit, and the recovery rebate credit.

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In Re Berg, BAP No. WY-09-047. Bankruptcy No. 08-20184. Adversary No. 08-02020 (2010)

423 B.R. 671 (2010), In re Daren Scott BERG, Debtor., Torrington Livestock Cattle Company, Plaintiff Counter-Defendant-Appellee v., Daren Scott Berg, Defendant-Counter-Claimant-Appellant., BAP No. WY-09-047. Bankruptcy No. 08-20184. Adversary No. 08-02020.

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In Re Nestlen, BAP No. WO-10-030. Bankruptcy No. 09-16838 (2010)

, Creditor Dykstra Exterior, Inc. (Dykstra) appeals an order of the Bankruptcy Court for the Western District of Oklahoma overruling Dykstra's objection to the homestead exemption claimed by Debtors *137 Mark and Catherine Nestlen (the Nestlens)., 77 F.3d 1215, 1228 (10th Cir.1996)).

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In Re Bryner, BAP No. UT-09-048. Bankruptcy No. 08-26804. Adversary No. 08-02277 (2010)

Debtor appeals. At the hearing on the motion to set aside the Default Judgment, the state court was apprised of Bryner's bankruptcy filing and decided to take no further action until it was satisfied that further proceedings before it would not be considered to violate the automatic stay.

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