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Bankruptcy Law
 
Carto Properties, LLC Jen Marie Rau, Individually, Key Maps, Inc, and The Jen Marie Rau Life Insurance Trust v. Briar Capital, LP Harris County Courthouse - Houston, Texas

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in... More...   $0 (02-13-2018 - TX)

Malik M. Hasan, M.D. v. Chase Bank USA, N.A.; American Express Centurion District of Colorado Federal Courthouse - Denver, Colorado

Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and
paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American
Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan was
still waiting for delivery of wine that he paid nearly $1 million for. Hasan asserts that
under a provision of the Fair Credit Billing Act (FCBA), 15 U.S.C. §§... More...
   $0 (01-30-2018 - CO)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

Cheri Dahlin v. Lyondell Chemical Company Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

Marsha L. Bevenue v. John Terrill Main, D.O. MoreLaw Suites 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - Marsha L. Bevenue sued John Terrill Main, D.O. on a medical negligence (medical malpractice theory.

Issue # 1. Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed By: BEVENUE, MARSHA L
Filed Date: 06/28/2010
Party Name Disposition Information
Defendant: MAIN, JOHN TERRILL DO Disposed: BANKRUPTCY FILED, 07/28/2017. Dismissed- Transferred to Another Jurisdiction
... More...
   $0 (01-26-2018 - OK)

Raphael Bangiyev v. Inna Arzumanova

¶1 Inna Arzumanova (“Wife”) appeals from the property and
debt allocation and the lack of a contempt ruling in the superior court’s
decree of dissolution. For the following reasons, we reverse and remand
for further proceedings consistent with this decision regarding the property
and debt allocation. We treat the appeal as a special action regarding the
contempt issue, see Hend... More...
   $0 (01-23-2018 - AZ)

Mary M. Mayotte v. U.S. Bank National Association District of Colorado Federal Courthouse - Denver, Colorado

On this appeal the parties have asked us to determine how, or even whether, an
important—but subtle and often confusing—doctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.

The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c... More...
   $0 (01-23-2018 - CO)

Michelle Merceri v. Deutsche Bank, AG, et al. Washington Court of Appeals, Division 1 - Tacoma, Washington

Under RCW 4.16.230, the statute of limitations is tolled
when the commencement of an action is stayed by a statutory prohibition. Under
the federal bankruptcy code, actions to foreclose on a debtor's property are
stayed while the property at issue is part of the bankruptcy estate. We are asked
to determine whether the bankruptcy stay is a statutory prohibition that tolls the
st... More...
   $0 (01-22-2018 - WA)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

STATE OF SOUTH DAKOTA v. RUSSELL RAY BERTRAM

To escape abject poverty, Leonila Stickney came to the United States from the Philippines in 2004 as the 22-year-old, mail-order bride of 73-year-old David Stickney (“Stickney”). In October of the same year, Stickney and Leonila had a son. The three lived together in Bridgewater, where Leonila worked at a nursing home. Every month, Leonila sent $300 of her earnings to help support her family st... More...   $0 (01-11-2018 - )

UNITED STATES OF AMERICA - v. - JASON SMATHERS United States Court of Appeals for the Second Circuit

The record of Smathers's prosecution, United States v. Smathers, S.D.N.Y. No.2
04CR1273, shows the following. In 2005, Smathers, represented by counsel, pleaded guilty to3
conspiring from about April 2003 through about April 2004, in violation of 18 U.S.C. § 371, to affect4
interstate commerce by relaying and retransmitting deceptive emails in violation of the CAN-SPAM5
Act, 18 U.... More...
   $0 (01-10-2018 - )

Smartcomm License Services, L.L.C. v. Joh Palmieri

¶1 Smartcomm License Services, L.L.C. (Smartcomm) appeals
the trial court’s grant of summary judgment in favor of Appellees David
Alcorn Professional Corporation; David and Elizabeth Alcorn, Janus
Spectrum, L.L.C. (collectively, the Alcorn Defendants); and Jon Palmieri.
Smartcomm also appeals the trial court’s denial of an application for an
order to show cause. For the followi... More...
   $0 (01-09-2018 - AZ)

Timothy M. Jodway; Alaina Zanks-Jodway v. Fifth Third Bank Sixth Circuit Court of Appeals for the Sixth Circuit

Many people dream of having a lakefront home. Timothy
Jodway and his wife, Alaina, were no different. So they took out a mortgage loan from Fifth
Third Bank and purchased a home on Lake Charlevoix in Boyne City, Michigan. But things did
not go as planned. Money became tight, and Timothy Jodway eventually had to file for
bankruptcy. And as part of his Chapter 13 repayment plan, Jodw... More...
   $0 (01-05-2018 - OH)

UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...
   $0 (12-30-2017 - MA)

United States of America v. Alfredo Castaneda-Pozo Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Alfredo Castaneda-Pozo appeals from his sentence of 63 months’
____________________
Case: 16-16031 Date Filed: 12/19/2017 Page: 1 of 7
2
imprisonment, followed by 5 years of supervised release, along with $429,044.96 in restitution, after he was convicted of one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349, and ten counts of bank fraud, in violation of... More...
   $0 (12-22-2017 - FL)

Wayne M. English and James D. Colling v. Costa Bajjali

Wayne M. English and James D. Colling sued Costa Bajjali, alleging damages from an investment with one of Bajjali’s businesses. Bajjali filed a no-evidence motion for summary judgment. The trial court granted the motion. In six issues, English and Colling argue that (1) the trial court erred by granting summary
2
judgment because there had been inadequate time for discovery; and (2) the tr... More...
   $0 (12-21-2017 - TX)

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

United States of America v. Jamie Matsuba and Thomas Matsuba Central District of California Federal Courthouse - Los Angeles, California

Los Angeles, CA - TWO LOS ANGELES-AREA MANAGERS OF FORECLOSURE RESCUE COMPANIES CONVICTED FOR ROLES IN MORTGAGE FRAUD SCHEME

A federal jury found two Los Angeles-area managers of foreclosure rescue companies guilty on December 14, 2017 for their roles in a foreclosure rescue scheme.

Jamie Matsuba, 33, and her father, Thomas Matsuba, 67, both of Chatsworth, were convicted after a ... More...
   $0 (12-16-2017 - CA)

James L. Joyce v. Maersk Line, Ltd. District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
   $0 (12-13-2017 - NJ)

Mary Beth Mantiply v. Richard D. Horne and Patricia Nelson Horne Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’ ... More...   $0 (12-11-2017 - AL)

United States of America v. Michael David Scott District of Massachusetts Federal Courthouse - Boston, Massachusetts

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...
   $0 (12-08-2017 - MA)

Paul D. Jonson v. Federal Deposit Insurance Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

Plaintiff-Appellant, Paul D. Jonson ("Jonson") commenced
two different actions against the Federal Deposit Insurance
Corporation ("FDIC"), challenging its decision to terminate his
employment.1 When the case reached the district court, the court
dismissed Jonson's complaint for lack of subject matter
jurisdiction. Jonson appeals the district court's decision.
First, Jonson ... More...
   $0 (12-08-2017 - MA)

Courtney Grogan and Joe C. Cole Revocable Living Trust v. Miranda K. Renfrow, D.O. and Envision Medical Surgical Eye Care, P.C. MoreLaw Suites 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - Courtney Grogan and Joe C. Cole Revocable Living Trust sued Miranda K. Renfrow, D.O. and Envision Medical Surgical Eye Care, P.C. on breach of contracts theories.

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: GROGAN, COURTNEY
Filed Date: 05/31/2016
Party Name Disposition Information
Defendant: ENVISION MEDICAL & SURGICAL EYE CARE PC... More...
   $0 (12-07-2017 - OK)

JOSE MENDEZ v. THE UNITED STATES

Plaintiff seeks compensation for work performed as a confidential informant and his suit is founded on allegations of the existence of a contract for the provision of those services. According to plaintiff, the United States agreed to “make a good faith best efforts [sic] to compensate Plaintiff for his services and assistance to the Government.” Am. Compl., ECF No. 57 ¶ 79. Plaintiff contends ... More...   $0 (11-29-2017 - NJ)

Samuel Topchain v. JPMorgan Chase Bank, N.A. Missouri Court of Appeals - Western District Courthouse - Kansas City, Missouri

Samvel Topchian appeals the judgment of the Circuit Court of Jackson County, Missouri,
granting summary judgment to JPMorgan Chase Bank, N.A. (Chase), Martin, Leigh, Laws &
Fritzlen, PC (MLLF), and Select Portfolio Servicing, Inc. (SPS) on Topchian’s claims of breach
of contract (against Chase), violations of the Missouri Merchandizing Practices Act (MMPA)
(against Chase, MLLF, and... More...
   $0 (11-28-2017 - MO)

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