463 B.R. 142 (2011), IN RE HEBERT;, HEBERT, v., ROYAL., Nos. WY-10-080, 10-20120., United States Bankruptcy Appellate Panel for the Tenth Circuit., May 3, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 142 (2011), IN RE HOBI;, MEYER, v., HOBI., Nos. WO-11-025, 10-13931., United States Bankruptcy Appellate Panel for the Tenth Circuit., November 23, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 142 (2011), IN RE GOLLAHER;, GOLLAHER, v., UNITED STATES TRUSTEE., Nos. UT-11-019, 10-30065., United States Bankruptcy Appellate Panel for the Tenth Circuit., December 13, 2011. DECISION WITHOUT PUBLISHED OPINION, Remanded.
463 B.R. 143 (2011), IN RE WILCOX;, WILCOX, v., ANDERSON., Nos. UT-10-083, 10-32828., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 4, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 142 (2011), IN RE ERICKSON;, REDMOND, v., ERICKSON., Nos. KS-11-005, 10-20953., United States Bankruptcy Appellate Panel for the Tenth Circuit., August 26, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 142 (2011), IN RE KASPAREK;, MORRIS, v., KASPAREK., Nos. KS-10-075, 07-13019., United States Bankruptcy Appellate Panel for the Tenth Circuit., July 6, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
BROWN, Bankruptcy Judge. The issue before this Court is whether the bankruptcy court properly allowed debtors Coby and Jeanie Duffin ("Debtors") to claim a Utah state law exemption in proceeds and avails of their unmatured life insurance policies, including payments made on the policies in the year preceding their bankruptcy filing. Appellant Stephen W. Rupp, Chapter 7 trustee ("Trustee") contends the bankruptcy court incorrectly interpreted the Utah exemption statute and that the exemption...
OPINION KARLIN, Bankruptcy Judge. Appellant, Gary E. Jubber, Trustee (the "Trustee"), appeals the bankruptcy court's decision denying his motion to require Appellees, Jose L. Ruiz and Carrie Ruiz ("Debtors"), to turn over estate assets. After oral argument and a review of the record, we reverse the order of the bankruptcy court. I. BACKGROUND During the one month period preceding the filing of their Chapter 7 bankruptcy petition, electronically filed on Saturday, April 24, 2010, Debtors...
NUGENT, Bankruptcy Judge. What does the word "attribute" mean Colorado Revised Statute 13-54-102 exempts the "full amount" of a debtor's federal income tax refund that can be "attributed to" to the child tax credit. In these cases, the debtors exempted the portion of their federal income tax refunds attributed to the child tax credit, but the Trustee objected. 1 The bankruptcy courts sustained both objections, concluding that the child tax credit does not constitute property of the estate...
OPINION MICHAEL, Bankruptcy Judge. Most of us are familiar with the adage that in real estate, the three most important things are location, location, and location. The same can sometimes be said of litigation. Parties that seek the protection afforded under the United States Bankruptcy Code usually want matters pertaining to them to be tried in the bankruptcy court. Creditors often prefer to litigate in state courts, especially when a lawsuit was ongoing at the time of the bankruptcy case...
OPINION MICHAEL, Bankruptcy Judge Most of us are familiar with the adage that in real estate, the three most important things are location, location, and location. The same can sometimes be said of litigation. Parties that seek the protection afforded under the United States Bankruptcy Code usually want matters pertaining to them to be tried in the bankruptcy court. Creditors often prefer to litigate in state courts, especially when a lawsuit was ongoing at the time of the bankruptcy case...
463 B.R. 143 (2011), IN RE REEVES;, RAYNER, v., REEVES., Nos. CO-11-035, 09-23389., United States Bankruptcy Appellate Panel for the Tenth Circuit., November 28, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 142 (2011), IN RE BAKAY;, DIAMOND, v., BAKAY., Nos. CO-11-003, 09-33358., United States Bankruptcy Appellate Panel for the Tenth Circuit., July 12, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 143 (2011), IN RE MILLER;, MILLER, v., DEUTSCHE BANK NAT. TRUST CO., Nos. CO-10-073, 10-25453., United States Bankruptcy Appellate Panel for the Tenth Circuit., May 12, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
463 B.R. 142 (2011), IN RE EVANS;, EVANS, v., BANK OF NEW YORK TRUST CO., N.A., Nos. CO-10-031, 10-12741., United States Bankruptcy Appellate Panel for the Tenth Circuit., January 4, 2011. DECISION WITHOUT PUBLISHED OPINION, Affirmed.
[21], The Colorado bankruptcy courts have uniformly held that the Colorado child tax credit exemption is inapplicable to the non-refundable portion of the credit. A tax refund is the difference between payments minus tax liability as adjusted by various credits, including the child tax credit.
The court then held that the Debtors were under no duty to collect on debts owed to the bankruptcy estate, and that it was the Trustee's obligation to collect on that debt, either directly from Zions Bank if he sought turnover, or from the payees of the funds through avoidance proceedings.
Appellant Stephen W. Rupp, Chapter 7 trustee (Trustee) contends the bankruptcy court incorrectly interpreted the Utah exemption statute and that the exemption should not extend to premium payments made within one year of commencement of Debtors' bankruptcy case., 32 F.3d 452, 455 (10th Cir.1994);
Broadly viewed, the issue on appeal is whether, in ruling on Counts Five and Six of BUKE's Amended Complaint, the bankruptcy court erred in allowing BUKE to continue its state court action against the Eastburgs while the nondischargeability proceedings based on the same claims were pending.
