Legal Opinion

Rushton v. Bank of Utah (In re C.W. Mining Co.)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided September 5, 2012No. BAP No. UT-11-098; Bankruptcy No. 08-20105; Adversary No. 10-02712PublishedCited by 29 opinions

1Opinion of the Court

OPINION

HALL, Bankruptcy Judge.

Before the Court is the appeal of Appellant Kenneth A. Rushton, Trustee (“Trus*180tee”), of the bankruptcy court’s Memorandum of Decision which granted Appellee Bank of Utah’s (“Bank”) motion for summary judgment and denied Trustee’s motion for summary judgment. For the reasons that follow, the Court AFFIRMS the bankruptcy court’s decision.

I. Jurisdiction

This Court has jurisdiction over the instant appeal under 28 U.S.C. § 158(b) because: the appeal was timely made pursuant to Rule 8002(a) of the Federal Rules of Bankruptcy Procedure; the challenged order is a final…

2Cases cited61 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. Johnson v. Home State BankSupreme Court of the United States · 1991
  4. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  5. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990

56 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Stephen Thompson v. United States Bankruptcy Court for the Western District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2016
  2. LTF Real Estate Co. v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
  3. Jubber v. Bank of Utah (In Re C.W. Mining Co.)Court of Appeals for the Tenth Circuit · 2014
  4. Grassmann v. Brown (In re Brown)United States Bankruptcy Court, W.D. Oklahoma · 2017
  5. GGI Properties, LLC v. City of Millville (In re GGI Properties, LLC)United States Bankruptcy Court, D. New Jersey · 2017

24 more not listed; retrieve them via the Exa API.

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