Legal Opinion
Russell v. Tadlock (In Re Tadlock)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided March 10, 2006No. BAP No. WY-05-074, Bankruptcy No. 04-20249, Adversary No. 04-2084PublishedCited by 5 opinions
1Opinion of the Court
OPINION
BOHANON, Bankruptcy Judge.
For the reasons outlined below, the Court hereby REVERSES and REMANDS to the bankruptcy court.
Background
The facts of this appeal are undisputed and straight forward.
When they filed their petition, the Appellants-Debtors listed their home with a value of $99,000 encumbered by liens exceeding its value. One of the lien creditors moved to modify the stay to proceed with foreclosure which was unopposed and granted. The Trustee then filed a Report of No Distribution and the case was closed. The Trustee undertook no steps to determine the property’s value nor did…
2Cases cited12 opinions
- Plotner v. AT & T Corp.Court of Appeals for the Tenth Circuit · 2000
- In Re Durability, Inc., Debtor. James R. Adelman, Trustee v. Fourth National Bank and Trust Company, N.A., of Tulsa, Ok, Fred I. Palmer, Sr.Court of Appeals for the Fourth Circuit · 1990
- Woods v. KenanCourt of Appeals for the Tenth Circuit · 1999
- Watson v. ParkerCourt of Appeals for the Tenth Circuit · 2002
- Watson v. Parker (In Re Parker)Bankruptcy Appellate Panel of the Tenth Circuit · 2001
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Murray v. Nagy (In Re Nagy)United States Bankruptcy Court, M.D. Louisiana · 2010
- In re QuigleyUnited States Bankruptcy Court, W.D. Texas · 2017
- Billy Dampier, Jr. v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2017
- Michael K. Lusher and Mary A. LusherUnited States Bankruptcy Court, C.D. Illinois · 2019
- Wallace, Rush, Schmidt, Inc.United States Bankruptcy Court, E.D. Louisiana · 2022