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Summary: 407 B.R. 410 (2009) In re Gary Lee BRYAN, also known as Gary Bryan; also known as Gary L. Bryan; officer, director, shareholder of Fort Love Aviation Services, Inc.; officer, director, shareholder of Second Story Ventures, Inc.; officer, director, shareholder of Disconnect, Inc.; officer, director, shareholder of G.L. Bryan Investments, Inc.; officer, director, shareholder of Tepgarde, LLC; officer, director, shareholder of Check Processing Resources, Inc.; officer, director, shareholder of Refl......read more.


Summary: 227 B.R. 742 (1998) In re Terrie Elaine DICKERSON, Debtor. Terrie Elaine DICKERSON, Appellant, v. Susan J. MANCHESTER, Chapter 7 Trustee, Appellee. Are funds that a debtor receives from the United States as a result of qualifying for an earned income credit "earnings from personal service" as used in Okla. BACKGROUND Terrie Elaine Dickerson (Debtor) filed a 1997 federal income tax return that reported wages of $10,498. Upon cross motions for summary judgment, the bankruptcy court issued a Memora......read more.






Summary: 341 B.R. 298 (2006) In re INVESTMENT COMPANY OF THE SOUTHWEST, INC., Debtor. F.H. Partners, L.P., Appellant, v. Investment Company of the Southwest, Inc., Four Hills Associates, and Bank of America Mortgage, Appellees. Daniel J. Behles, Albuquerque, New Mexico, for Appellee Investment Company Of The Southwest, Inc. This is an appeal by Compass Bank ("Compass" or "Bank")[2] from the order confirming the Chapter 11 plan of Debtor, Investment Company of the Southwest, Inc. ("ICS") (the "Confirmatio......read more.


Summary: 220 B.R. 1005 (1998) IN RE SUNSET SALES, INC., doing business as K & R Coal Company, doing business as Sans Bois Coal Company, Reorganized Debtor. David R. PAYNE, Liquidating Trustee, Plaintiff-Appellee, v. CLARENDON NATIONAL INSURANCE COMPANY, U.S. Capital Insurance Company, and Van American Insurance Company, Defendants-Third-Party Plaintiffs-Counter-Defendants-Appellants, Delta Contracting, Inc., and Roger Dahlgren, Defendants-Third-Party Defendants, First National Bank Of Edmond, Defendant-T......read more.


Summary: 294 B.R. 145 (2003) In re Robin Carter MAYES, also known as Robin C. Mayes, Debtor. Robin Carter Mayes, Appellant, v. Cherokee Nation, Appellee. The debtor Robin Carter Mayes ("Appellant") appeals from the bankruptcy court's Order denying his Motion to Avoid Judicial Lien and granting the Cherokee Nation's ("Appellee") Motion to Dismiss Debtor's Motion to Avoid Judicial Lien on the ground that Appellee was immune from suit. The issue presented is whether a motion to avoid an Indian nation's judi......read more.


Summary: 467 B.R. 220 (2012) In re Scott McGOUGH and Lisa McGough, Debtors. Here, the Bankruptcy Court concluded, pursuant to 11 U.S.C. § 548(a)(2)(A),[1] that the trustee in bankruptcy ("Trustee") was entitled to avoid a portion of the charitable contributions made by debtors Lisa and Scott McGough ("Debtors") during the two-year period prior to their bankruptcy filing, which was only the amount by which those contributions exceeded 15% of their gross annual income. [3] The Trustee argued that, because ......read more.


Summary: 235 B.R. 658 (1999) In re Gary L. KING, doing business as Gary King Drapery Installation, and Thelma F. King, Debtors. DPW Employees Credit Union, now known as Credit Union One, Appellant, v. Gary L. King and Thelma F. King, Appellees. The matter before the Court is the Election to Have Appeal Heard in the United States District Court ("Election"), filed by Gary L. King ("Appellee").


Summary: 410 B.R. 71 (2009) In re Marc William DITTMAR, Debtor. Linda S. Parks, Trustee, Appellant, v. Marc William Dittmar, Appellee. Don W. Riley, Wichita, Kansas, for Appellee Marc William Dittmar. While each Debtor has a different filing date, each of the Debtors filed their bankruptcy cases before October 17, 2005, after the CBA was ratified, but before the EPP was created.Section 541(a)(1) defines property of the estate as "all legal or equitable interests of the debtor in property as of the commen......read more.


Summary: PUBLISH UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT _________________________________ IN RE FRANK ANTHONY ARENAS, BAP No. Chapter 7 __________________________________ FRANK ANTHONY ARENAS and SARAH EVE ARENAS, OPINION Appellants, v. UNITED STATES TRUSTEE, Appellee. _______________________......read more.


Summary: 218 B.R. 154 (1998) In re Ray Dean McCARN and Ranita Lee McCarn, Debtors. Ray Dean McCARN and Ranita Lee McCarn, Appellants, v. WYHY FEDERAL CREDIT UNION, Appellee. The sole issue on appeal is whether 11 U.S.C. § 1322(c)(1) permits the debtors' chapter 13 plan to provide for the cure of a default with respect to a lien on their principal residence if the home was sold at a foreclosure sale prior to the time that they filed bankruptcy, but the debtors had a right of redemption under Wyoming law d......read more.


Summary: 361 B.R. 559 (2007) In re Monte J. SHARP, Debtor. Debbie Rinehart, Jack Blair, and David Mask, Appellants, v. Monte J. Sharp, Appellee. Appellants, Debbie Rinehart, Jack Blair, and David Mask, among others (hereinafter, referred jointly as "Appellants"), appeal an order of the bankruptcy court of the Western District of Oklahoma, arguing that the bankruptcy court erred when it concluded that Monte J. Sharp ("Sharp") was a farmer as defined in 11 U.S.C. § 101(20) and therefore exempt from involun......read more.


Summary: 339 B.R. 749 (2006) In re Donald Kenton KESTER and Charlotte Yvonne Kester, Debtors. Christopher J. Redmond, Trustee, Appellant, v. Donald Kenton Kester and Charlotte Yvonne Kester, Appellees. I. Background Several years prior to filing their bankruptcy petition in this case, Donald K. Kester and Charlotte Y. Kester (the "Kesters" or "Debtors") transferred legal title to certain property, including their principal residence (the "Real Property"), into self-settled living revocable trusts (collec......read more.


Summary: 314 B.R. 218 (2004) In re Diana BUSETTA-SILVIA, formerly known as Diana Ainsworth, Debtor. Diana Busetta-Silvia, and Kelley L. Skehen, Trustee, Appellants. *219 Submitted on the briefs:[*] *220 Michael K. Daniels, Albuquerque, New Mexico, for Appellant Diana Busetta-Silvia. I. Background In July 2002, Diana Busetta-Silvia ("Debtor") sought the advice of Michael K. Daniels ("Daniels"), an attorney who practices in the area of bankruptcy. Debtor paid Daniels a $300 retainer, which Daniels applied ......read more.


Summary: 282 B.R. 9 (2002) In re PETROLEUM PRODUCTION MANAGEMENT, INC., Debtor. GMX Resources, formerly known as Global Millennium Energy, L.L.C., Appellant, v. Mary Ann Kleban; Robert T. Martin; Gilbert Lange Matthews; Larry W. Miller; Steven A. Park; Millicent Zahn; Creditors Trust; Petroleum Production Management, Inc.; and Overland Resources, Inc., Appellees. Appellee Petroleum Production Management, Inc. filed a motion to withdraw as party to the appeal and was excused from filing a brief. GMX Resou......read more.


Summary: 278 B.R. 205 (2002) In re Donald R. LAMPE and Sheila L. Lampe, Debtors. Donald R. Lampe and Sheila L. Lampe, Appellants-Cross-Appellees, v. Iola Bank and Trust, Appellee-Cross-Appellant, Darcy Williamson, Chapter 7 Trustee, Appellee. Donald R. and Sheila L. Lampe ("Debtors") appeal and Iola Bank & Trust ("Bank") cross appeals from the order of the United States Bankruptcy Court for the District of Kansas in which the court concluded that one of the Debtors was entitled to claim a tools of the tr......read more.




Summary: 364 B.R. 390 (2007) In re TELLURIDE INCOME GROWTH LP, Debtor. Telluride Asset Resolution, LLC, Plaintiff-Appellant, Moving Limited Partners, Plaintiffs-Appellees, and Dennis Bullock, Lambie Bullock, Louis Duval, Muriel Jean Duval, Steve Hinkle, Mary L. Hinkle, Jerry D. James, Michael Milburn, Kenneth R. Miller, Eugene C. Moravec, Alda Moravec, Michael E. Monoscalco, Madelyn J. Monoscalco, Jill Marie Monoscalco, Laura C. Monoscalco, Joseph R. Nardone, Ralph Edward Preston, Ken E. Rhode, Kevin D. ......read more.


Summary: IN RE ANDREA ADELE STEWART, Chapter 7, Debtor. GEYER & ASSOCIATES CPA'S, P.C., Plaintiff-Appellant, v. ANDREA ADELE STEWART, Defendant-Appellee. IN RE KURT LOUIS GOETSCH, Chapter 7, Debtor. OPINION[*] NUGENT, Bankruptcy Judge Plaintiff-Creditor Geyer & Associates, CPA's, P.C. ("Geyer") appeals two[1] judgments of the United States Bankruptcy Court for the District of Colorado overruling its 11 U.S.C. § 727(a)(2) and (a)(7) objections to the Chapter 7 discharges of Debtor Kurt Louis Goetsch and D......read more.