December 18, 2018

Tenth Circuit: Opinions, 6/29/10

The Tenth Circuit on Tuesday issued two published opinions and seven unpublished opinions.

Published

In United States v. McGinty, the Court reversed and remanded the district court’s order of forfeiture imposed at sentencing. The district court ordered the forfeiture be reduced by the amount that Respondent had already paid back to the bank. However, the Tenth Circuit agreed with the government that it was entitled to a money judgment representing the full amount of Respondent’s unlawful proceeds acquired through misapplication of bank funds.

In In re: Weinman v. Graves, the Court affirmed with modification the Bankruptcy Appellate Panel determination concerning turnover. The Court concluded that a debtor’s interest in a 2006 tax refund, irrevocably applied pre-petition to 2007 taxes, may be subject to turnover; turnover only applies to that “part of the refund that (1) is attributable to pre-petition earnings and (2) reverted to debtors after application of the refund to their ultimate (2007) tax liability.”

Unpublished

United States v. Rabieh

United States v. McGinnis

Farhat v. Bruner

Goodloe v. Smelser

United States v.McIntyre

Daniell v. Astrue

United States v. Phung

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