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Cory Markham v. Auto Cycle Exchange Services, Inc.

Bankruptcy Appellate Panel of the Tenth Circuit

Decided August 15, 2025No. 24-019Published

1Opinion of the Court

BAP Appeal No. 24-19 Docket No. 37 Filed: 08/15/2025 Page: 1 of 23 FILED U.S. Bankruptcy Appellate Panel of the Tenth Circuit NOT FOR PUBLICATION1 August 15, 2025 UNITED STATES BANKRUPTCY APPELLATE PANEL Anne M. Zoltani OF THE TENTH CIRCUIT Clerk IN RE CORY JAY MARKHAM, BAP No. CO-24-19 Debtor. ____________________________ CORY JAY MARKHAM, Bankr. No. 21-13435 Adv. No. 24-01045 Plaintiff - Appellant, Chapter 7 v. AUTO CYCLE EXCHANGE SERVICES, INC. and KURT DIMICK, OPINION Defendants - Appellees. _________________________________ Appeal from the United States Bankruptcy Court for the District…

2Cases cited19 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Silverton Snowmobile Club v. United States Forest ServiceCourt of Appeals for the Tenth Circuit · 2006
  3. Dodge v. Cotter CorporationCourt of Appeals for the Tenth Circuit · 2000
  4. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-Appellees, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, and State of South Carolina, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control,defendants, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources, Intervenors/defendants, and South Carolina Public Service Authority, Intervenor/defendant-Appellant, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case), Intervenors/defendants-Appellants. United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, and Sierra Club Phil P. Levenis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Public Service Authority, Intervenors/defendants, and South Carolina Departmentof Natural Resources, Intervenor/defendant-Appellant. United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-Appellants, Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Invironment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae-Appellant v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 2001
  5. Eugene W. Alpern v. Phillip S. Lieb, Allen S. Gabe, and Phyllis AlpernCourt of Appeals for the Seventh Circuit · 1993

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