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Bankruptcy Law
 
DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Tana S. Cutfliff, et al. v. Nathan Paul Reuter; Kathleen Reuter Western District of Missouri Federal Courthouse - Jefferson City, Missouri

Appellants (the “Creditors”) are attempting to collect on judgments against
Vertical Group, LLC (“Vertical”) and Nathan Reuter by levying assets now belonging
to Nathan’s wife, Kathleen. For the reasons that follow, we affirm the district court’s2
orders granting summary judgment to Kathleen and to Nathan and denying partial
summary judgment to the Creditors.
I.
As we have ... More...
   $0 (05-07-2018 - MO)

A&A Mountain Enterprises, LLC v. Sarah Weber and Anthony Weber Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

Burlington, VT - A&A Mountain Enterprises, LLC sued Sarah Weber and Anthony Weber appealing from a decision of the Bankruptcy Court.... More...   $0 (05-04-2018 - VT)

ARCH COAL, INC. v. R. ALEXANDER ACOSTA, IN HIS OFFICIAL CAPACITY AS SECRETARY OF LABOR AND DEPARTMENT OF LABOR

The BLBA imposes liability on coal mine operators for payment of monthly benefits to coal miners who contract pneumoconiosis, or black lung disease, from their employment in the mines. See 30 U.S.C. §§ 922(a), 932(c). In order for an operator to be held liable, it must have employed the miner for at least one year and be “capable of assuming its liability for a claim.” 20 C.F.R. § 725.494(c), (e) ... More...   $0 (04-28-2018 - DC)

United States of America v. Samir A. Patel Central District of Illinois Federal Courthouse - Rock Island, Illinois

Rock Island, IL - Moline Man Sentenced to Two Years in Prison for Falsifying Records, Making False Statements Under Oath in Bankruptcy Proceedings

A Moline, Ill., man, Samir A. Patel, 49, was sentenced today for bankruptcy fraud. Chief U.S. District Judge James E. Shadid ordered Patel, of the 3600 block of 73rd Street, to serve 24 months in prison, and upon release from prison, to remain ... More...
   $0 (04-27-2018 - IL)

Dale E. Kleber v. CareFusion Corporation Northern District of Illinois Courthouse - Chicago, Illinois

The key provision of the Age
Discrimination in Employment Act of 1967 prohibits
employment practices that discriminate intentionally against
older workers, and prohibits employment practices that have
2 No. 17‐1206
a disparate impact on older workers. 29 U.S.C. § 623(a)(1),
(a)(2); Smith v. City of Jackson, 544 U.S. 228 (2005). The central
issue in this appeal is ... More...
   $0 (04-27-2018 - IL)

TARACORP v. DAILEY

On June 4, 2007, the District Court of Logan County, Colorado, granted the plaintiffs/appellants, Taracorp, LTD., and Tara and Kelly Barlean (collectively, Taracorp) a default judgment against the defendants/appellees, Jeff Dailey d/b/a A.J.'s Bargain World (collectively Dailey). The lawsuit apparently stemmed from Taracorp's allegations that Dailey breached a fiduciary duty and defrauded Taracorp... More...   $0 (04-24-2018 - OK)

United States of America v. David Louis Vernier Western District of Michigan Federal Courthouse - Marquette, Michigan

Marquette, MI - Long-Time U.P. Gasoline Vendor Sentenced To Prison For Bankruptcy Fraud

David Louis Vernier, age 64, of Ishpeming, was sentenced to 45 months in federal prison followed by 3 years of supervised release for committing bankruptcy fraud. The sentence was imposed by Chief Judge Robert J. Jonker of the U.S. District Court.

David Vernier, the father of Brooke ... More...
   $0 (04-23-2018 - MI)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (... More...
   $0 (04-17-2018 - CA)

PERCY ALLAN AHRENDT v. DIANE MUREE CHAMBERLAIN

Percy Ahrendt and Diane Chamberlain were married in 1999. Diane and her son from a prior marriage moved into Percy’s residence. During their first eight years, Diane worked various part-time jobs and made about $7,885 a year in reported income. At that time, she was studying to obtain her securities licenses, and she paid approximately $250-$350 of the monthly marital expenses. Percy made abou... More...   $0 (04-12-2018 - SD)

Bruce W. Lauritzen v. First American Title Insurance

¶1 Bruce W. Lauritzen purchased five lots of undeveloped
real property in Hurricane, Utah based on a description in a
recorded subdivision plat map. Lauritzen then purchased title
insurance for these lots through First American Title Insurance
Company (First American). Subsequently, Lauritzen learned that
the plat map had a material defect: one of his lots partially
overlap... More...
   $0 (04-08-2018 - UT)

BERRY AND BERRY ACQUISITIONS v. BFN PROPERTIES SUPREME COURT OF THE STATE OF OKLAHOMA

Bob Berry, who resides in Tahlequah, Oklahoma, has been a nurseryman and businessman for more than fifty years. In the 1960s, Bob began working in the nursery business in Tahlequah, and in the early 1970s, he founded Midwestern Nursery. Bob grew and developed Midwestern Nursery, which later became American Nursery Products, and eventually took the company public. Upon his departure from American ... More...   $0 (04-04-2018 - MT)

Michele Clark v. All Acquisition, L.L.C., et al. Southern District of New York - New York, New York

In 2015, John Edward Clark was diagnosed with mesothelioma,
a cancer caused by the inhalation of asbestos fibers. At that time, Mr.
Clark was nearing completion of a Chapter 13 bankruptcy plan that
he and his wife, Michele, had entered into in 2010. Although the
Clarks fulfilled their last remaining obligations under the plan within
a matter of weeks, their bankruptcy proceedin... More...
   $0 (04-02-2018 - NY)

Loyd P. Cadwell v. Kaufman, Englett & Lynd, P.L.L.C. Middle District of Florida Federal Courthouse - Tampa, Florida

This case arises under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which, among other things, amended federal law to impose new requirements and prohibitions on professionals who assist with the preparation of bankruptcy petitions. The provision specifically at issue here, 11 U.S.C. § 526(a)(4), provides in relevant part that a “debt relief agency”—including a law firm tha... More...   $0 (03-30-2018 - FL)

Chad Barnes v. Sea Hawaii Rafting, L.L.C. Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the ancient maritime remedy of maintenance and cure,1 among other relief, Barnes su... More...   $0 (03-29-2018 - HI)

United States of America v. Earl Simmons Southern District of New York - New York, New York

New York, NY - Recording Artist And Performer DMX Sentenced In Manhattan Federal Court To 1 Year In Prison For Tax Fraud

Earl Simmons, an internationally known recording artist, performer, and actor known professionally as “DMX” and “X,” was sentenced today in Manhattan federal court to one year in prison for tax fraud in connection with evading the payment of income taxes in the period f... More...
   $0 (03-28-2018 - NY)

UNITED STATES OF AMERICA v. MARK STUART LANDERSMAN, a/k/a Mark Stuart UNITED STATES OF AMERICA v. LEE HALL UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

We recount the facts in the light most favorable to the Government, the prevailing
party at trial. See United States v. Garcia-Ochoa, 607 F.3d 371, 376 (4th Cir. 2010). In
late 2012 and early 2013, Hall facilitated the Navy’s purchase of 349 unattributable (i.e.,
unserialized and untraceable) firearm suppressors for approximately $1,657,750. At that
time, Hall worked directl... More...
   $0 (03-28-2018 - VA)

United States of America v. Daryl F. Yurek and Wendy M. Yurek District of Colorado Federal Courthouse - Denver, Colorado

Denver, CO - Stapleton Couple Sentenced for Income Tax Evasion and Bankruptcy Fraud

Daryl F. Yurek, age 62, and Wendy M. Yurek, age 62, were sentenced by U.S. District Court Judge William J. Martinez on March 22 and 23, 2018. Mr. Yurek was sentenced to 50 months incarceration followed by three years of supervised release and an asset forfeiture money judgment was entered against him in t... More...
   $0 (03-23-2018 - CO)

United States of America v. Kenneth Mabrie Western District of Missouri Federal Courthouse - Kansas City, Missouri

Kansas City, MO - Raytown Landlord Sentenced for Bankruptcy Fraud

A Raytown, Mo., man has been sentenced in federal court for engaging in a bankruptcy fraud scheme in order to prevent dozens of rental properties from being sold by the county for failure to pay property taxes.

Kenneth Mabrie, 68, of Raytown, was sentenced by U.S. District Judge Brian C. Wimes on Thursday, March 2... More...
   $0 (03-23-2018 - MO)

Jaime Gonzalez v. Owens Corning Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.... More...   $0 (03-22-2018 - PA)

George Allison v. Centins Federal Credit Union District of Nebraska Federal Courthouse - Omaha, Nebraska

A group of investors appeals after the district court1 affirmed the bankruptcy
court’s finding that funds the investors transferred to Tri-State Financial, LLC (TSF)
are part of TSF’s Chapter 7 bankruptcy estate. We affirm.
I. Background
After Tri-State Ethanol (TSE) filed for Chapter 11 bankruptcy protection, a
group of investors (Omaha Group) formed TSF, a shell corporation d... More...
   $0 (03-19-2018 - NE)

Heriberto Ponce v. Wells Fargo Bank

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos... More...
   $0 (03-17-2018 - CA)

United States of America v. Nnika White Eastern District of Virginia Federal Courthouse - Richmond, Virginia

Richmond, VA - Richmond Lawyer Sentenced for Fraud, Tax Violations

A former Richmond lawyer was sentenced to one year in prison for bankruptcy fraud and failing to collect and turn over employment taxes.

According to court documents, Nnika White, 42, maintained a bankruptcy law practice in Richmond and owned a law firm, White & Associates, PLLC. In 2014, one of White’s bankruptcy... More...
   $0 (03-14-2018 - VA)

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