FILED U.S. Bankruptcy Appellate Panel of the Tenth Circuit NOT FOR PUBLICATION * December 4, 2019 UNITED STATES BANKRUPTCY APPELLATE PANEL Blaine F. Bates OF THE TENTH CIRCUIT Clerk _ IN RE VICTOR P. KEARNEY, BAP No. NM-19-010 Debtor. _ VICTOR P. KEARNEY, Bankr. No. 17-12274 Chapter 11 Appellant, v. OPINION KEVIN YEAROUT, UNSECURED CREDITORS COMMITTEE, UNITED STATES TRUSTEE, and LOUIS ABRUZZO and BENJAMIN ABRUZZO, Trustees of the Mary Pat Abruzzo Kearney Testamentary Trusts B and C, Appellees....
in equity.costs, and attorneys fees to HSBCs claim., 18, The Debtor refused to discuss the merits of her objection to HSBC and ETrades, Motions during the hearing before the Bankruptcy Court and at oral argument before this, Court.witness or evidence and assess credibility and probative value.
, 4, Although Mr. Bednar filed motions to set aside or otherwise reconsider the State, Courts foreclosure judgment and order confirming sale to RCB Bank, none of these, motions tolled Oklahomas thirty day deadline to appeal a judgment or order.Sheriffs sale confirmed Franklins credit bid.
, 32, Grogan v. Garner, 498 U.S. 279, 286 (1991) (quoting Local Loan Co. v. Hunt, 292, U.S. 234, 244 (1934)).of work it did not perform.Jensen that possibly constitute actual fraud as opposed to false representations. Again, the evidence does not support a finding of intent on Jensens part.
NOT FOR PUBLICATION* UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT _ IN RE THOMAS CROW, BAP No. WY-18-083 BAP No. WY-18-086 Debtor. _ RADIANCE CAPITAL RECEIVABLES Bankr. No. 17-20280 NINETEEN LLC, STEVEN R. BAILEY, Chapter 7 Chapter 7 Trustee, Appellants, OPINION v. THOMAS CROW, aka Tom Crow and CAROL-ANN CROW, Appellees. _ Appeal from the United States Bankruptcy Court for the District of Wyoming _ Before CORNISH, HALL, and LOYD,** Bankruptcy Judges. _ HALL, Bankruptcy Judge. *...
deed of trust, in violation of the bankruptcy courts discharge order.Debtor to obtain an order vacating the attorneys fee award. BAP 2003) (explaining bankruptcy, court that denies reopening a case will not abuse its discretion if it cannot afford the, moving party any relief in the reopened case.
(for fraud), Civil Rule 60(d)(3) (for fraud on the court), or both., 47 We note the bankruptcy court denied the Motion for failure to prosecute without, considering the legal arguments related to jurisdiction and the application of the, Bankruptcy Code raised by the Debtor in his pleadings.
BAP Sept. 2, 2015) (unpublished) (The Tenth Circuit standard for, determining whether a settlement in a bankruptcy case should be approved is a four-part, test articulated by this Court in [Kopexa].with the Bankruptcy Courts analysis of the Kopexa factors.LANB the renewal agreement was .
Before NUGENT, Chief Judge, MICHAEL, and SOMERS, Bankruptcy Judges. Debtors, Objection to First Interim Application of Tom Connolly, Chapter 7 Trustee, for, Allowance of Compensation and Expenses (Objection), in Appellants App.debtor under a court order.the MHLLC Chapter 11 case.
5, Dollman App. Armijo and Mendoza filed a timely notice of appeal. 2017) (Rule 9006(b)(1) places, the burden of proof on the debtor to show why the failure to amend the schedules as a, matter of course before the case was closed, as permitted by Rule 1009(a), was the result, of excusable neglect.
Appellees., The parties did not request oral argument, and after examining the briefs and, appellate record, the Court has determined unanimously that oral argument would not, materially assist in the determination of this appeal.Appellant refiling for bankruptcy protection expired on May 7, 2019.
