Legal Opinion
LTF Real Estate Co. v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 4, 2014No. BAP No. KS-14-009; Bankuptcy No. 10-20982; Adversary No. 11-06011PublishedCited by 32 opinions
1Opinion of the Court
JACOBVITZ, Bankruptcy Judge.
This appeal involves funds placed in escrow by the debtor to ensure the completion of improvements on property it sold. The debtor asks us to review, inter alia: 1) whether it was proper for the bankruptcy court to determine the parties’ interests in the escrowed funds on summary judgment; 2) whether the funds are property of the estate; and 3) whether the bankruptcy. court erred in dismissing the debt- or’s avoidance counterclaims for failing to state a claim for which relief may be granted. After carefully considering the record, we AFFIRM in part and REVERSE in…
2Cases cited65 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Pierce v. UnderwoodSupreme Court of the United States · 1988
60 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Stephen Thompson v. United States Bankruptcy Court for the Western District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2016
- Expert South Tulsa, LLC v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)Bankruptcy Appellate Panel of the Tenth Circuit · 2015
- LTF Real Estate Co. v. Expert South Tulsa, LLCCourt of Appeals for the Tenth Circuit · 2015
- Redmond v. SpiritBank (In re Brooke Corp.)United States Bankruptcy Court, D. Kansas · 2015
- Se Prop. Holdings, LLC v. Stewart (In re Stewart)Bankruptcy Appellate Panel of the Tenth Circuit · 2019
27 more not listed; retrieve them via the Exa API.