17 Cited authorities

Zurich North America v. Matrix Serv., Inc.
426 F.3d 1281 (10th Cir. 2005) Cited 353 times
Holding that to be entitled to relief under Rule 60(b), the moving party must show, among other things, that "the newly discovered evidence is material"
Thomas v. Parker
609 F.3d 1114 (10th Cir. 2010) Cited 153 times
Holding that Plaintiff failed to exhaust administrative remedies where he was "notified of deficiencies at the formal grievance stage," but "chose not to avail himself of the opportunity to cure them."
Weese v. Schukman
98 F.3d 542 (10th Cir. 1996) Cited 221 times
Holding that treating physician, not disclosed under rule 26, was allowed to give proper lay witness testimony under rule 701
In re Alpex Computer Corporation
71 F.3d 353 (10th Cir. 1995) Cited 132 times 1 Legal Analyses
Holding that the bankruptcy term “party in interest” “is generally understood to include all persons whose pecuniary interests are directly affected by the bankruptcy proceedings”
In re Riazuddin
363 B.R. 177 (B.A.P. 10th Cir. 2007) Cited 67 times
Holding that discharged debtors' misconduct in concealing their personal injury claim did not estop the estate's trustee from pursuing the claim on behalf of the estate after the claim was discovered
Robinson v. Audi Aktiengesellschaft
56 F.3d 1259 (10th Cir. 1995) Cited 83 times
Affirming denial of sanctions for alleged fraud on the court
Jester v. Wells Fargo Bank N.A. (In re Jester)
BAP No. EO-15-002 (B.A.P. 10th Cir. Oct. 22, 2015) Cited 12 times
Holding Rooker-Feldman precluded bankruptcy court from considering pro se debtor's request to set aside foreclosure judgment
In re Petroleum Production Management, Inc.
282 B.R. 9 (B.A.P. 10th Cir. 2002) Cited 22 times
Noting that reopening affords no substantive relief and is of no legal significance
In re Owsley
494 B.R. 321 (Bankr. E.D. Tenn. 2013) Cited 4 times
No. 05–37361. 2013-05-29 In re Lawrence Allen OWSLEY, Robin Ann Owsley, Debtors. John P. Newton, Jr., Esq., Richard M. Mayer, Esq., Mayer & Newton, Knoxville, TN, for Debtors. Laura J. Straley, Esq., State of West Virginia, Danville, WV, for West Virginia Bureau for Child Support Enforcement. RICHARD STAIR John P. Newton, Jr., Esq., Richard M. Mayer, Esq., Mayer & Newton, Knoxville, TN, for Debtors. Laura J. Straley, Esq., State of West Virginia, Danville, WV, for West Virginia Bureau for Child Support
In re Knight
349 B.R. 681 (Bankr. D. Idaho 2006) Cited 7 times
No. 05-05701-TLM. May 10, 2006. Richard L. Alban, Nampa, ID, for Debtor. MEMORANDUM OF DECISION TERRY L. MYERS, Chief Judge. INTRODUCTION Many of the procedural and substantive requirements for bankruptcy relief were altered by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Two new requirements apply to debtors who are individuals — they must obtain consumer credit counseling within the 180 days before they file a bankruptcy petition and they must complete an instructional
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,389 times 144 Legal Analyses
Granting relief from the operation of a judgment
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,345 times 78 Legal Analyses
Determining the validity, extent, or priority of liens
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,369 times 174 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,883 times 167 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1408 - Venue of cases under title 11
28 U.S.C. § 1408 Cited 4,054 times 15 Legal Analyses
Providing that venue is proper where the principal assets of the entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement
Section 1930 - Bankruptcy fees
28 U.S.C. § 1930 Cited 1,453 times 20 Legal Analyses
Providing that "the Judicial Conference of the United States shall require [Chapter 11 debtors] to pay fees equal to those imposed" in Trustee districts

Charles Coulson Waldo and Ethanne S. Waldo

17 Cited authorities

Holding that to be entitled to relief under Rule 60(b), the moving party must show, among other things, that "the newly discovered evidence is material"

Holding that Plaintiff failed to exhaust administrative remedies where he was "notified of deficiencies at the formal grievance stage," but "chose not to avail himself of the opportunity to cure them."

Holding that treating physician, not disclosed under rule 26, was allowed to give proper lay witness testimony under rule 701

Holding that the bankruptcy term “party in interest” “is generally understood to include all persons whose pecuniary interests are directly affected by the bankruptcy proceedings”

Holding that discharged debtors' misconduct in concealing their personal injury claim did not estop the estate's trustee from pursuing the claim on behalf of the estate after the claim was discovered

Affirming denial of sanctions for alleged fraud on the court

Holding Rooker-Feldman precluded bankruptcy court from considering pro se debtor's request to set aside foreclosure judgment

Noting that reopening affords no substantive relief and is of no legal significance

Granting relief from the operation of a judgment

Determining the validity, extent, or priority of liens

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Barring fraudulent schemes "for obtaining money or property"

Providing that venue is proper where the principal assets of the entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement

Providing that "the Judicial Conference of the United States shall require [Chapter 11 debtors] to pay fees equal to those imposed" in Trustee districts