Recently in Bankruptcy Law Category

In an appeal from the bankruptcy court's decision confirming appellees' joint bankruptcy reorganization plan and denying appellants' competing plan, dismissal of the appeal as moot is reversed where: 1) the competing plan could theoretically be confirmed without requiring disgorgement of payments made to third-party creditors; and 2) reversal of the existing plan would not require the undoing of complex transactions.

Read In re: Paige, No. 08-4104

Appellate Information

Filed November 3, 2009

Judges

Opinion by Judge Ebel

Counsel

For Appellants:

Adam S. Affleck, Michael N. Zundel, James A. Boevers, Andrew B. Clawson, and Erin M. Stone, Prince, Yeates & Geldzahler, P.C., Salt Lake City, UT

For Appellees:

Peter W. Billings and Garry E. Jubber, of Fabian & Clendenin, P.C., Salt Lake City, UT

In a bankruptcy adversary proceeding seeking to prevent the discharge of a debt owed to plaintiff by his attorney (the debtor), judgment for plaintiff is affirmed where: 1) the parties had an attorney-client relationship during the relevant period under Colorado law; 2) the loans to defendant were not "standard commercial transactions" exempt from the requirements of Colo. R. Prof'l Conduct 1.8(a); and 3) the bankruptcy court's finding that defendant had the requisite intent to deceive plaintiff was not clearly erroneous.

Read In re: Riebesell, No. 09-1072

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge O'Brien

Counsel

For Appellant:

Harold Frederick Riebesell, Jr., Pro Se.

For Appellee:

D. Bruce Coles, Law Office of D. Bruce Coles, Denver, CO

In an adversary proceeding in bankruptcy court by a creditor claiming that debtor's debt was undischargeable because of a finding in a prior action that the debtor committed fraud, summary judgment for plaintiff is affirmed where defendant was barred from defending the action by issue preclusion because the issue of his fraud was actually litigated in the prior case.

Read In re: Corey, No. 08-3309

Appellate Information

Filed September 30, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellant:

Jeffrey R. Siegel, The Siegel Law Firm, Kansas City, MO

For Appellee:

Colin N. Gotham, Evans & Mullinix, P.A., Shawnee, KS

In a bankruptcy adversary proceeding for violating the automatic stay, an order of sanctions against defendant is affirmed where the dismissal of the Chapter 13 case did not divest the Bankruptcy Court of jurisdiction over the 11 U.S.C. section 362(k)(1) adversary proceeding.

Read Johnson v. Smith, No. 08-8052

Appellate Information

Filed August 5, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellants:

Stephen R. Winship, Winship & Winship, P.C., Casper, WY

In an appeal from a bankruptcy court's disallowance of creditor's claim in a Chapter 13 bankruptcy case, Bankruptcy Appellate Panel's judgment reversing the bankruptcy court ruling is reversed where the creditor failed to provide documentation in support of its claim, and thus it was properly disallowed.

Read Caplan v. B-Line, LLC, No. 08-2017

Appellate Information

Filed July 14, 2009

Judges

Opinion by Judge Tacha

Counsel

For Appellant:

Michael K. Daniels, Albuquerque, NM

For Appellee:

Linh K. Tran, B-Line, LLC, Seattle, WA