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Bankruptcy Law
 
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)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

United States of America v. Christopher Arnold Jiongo, Craig Allen Otteson and Jay Bruce Heimburger Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Houston Man Sentenced in $6.4 Million Diamond Investment Fraud Scheme

Christopher Arnold Jiongo, 57, of Houston, Texas, appeared this morning before U.S. District Judge Sidney A. Fitzwater and was sentenced to 46 months in federal prison and ordered to pay $3,786,595 in restitution for his role in a diamond investment scheme, announced U.S. Attorney Erin Nealy Cox of the Nort... More...
   $0 (11-25-2017 - TX)

Laura M. Sheedyb . Carolyn A. Bankowski United States Court of Appeals for the First Circuit

The single issue before us
is whether the bankruptcy court abused its discretion in denying
Appellant Laura Sheedy's ("Sheedy") motion for extension of time
to file a notice of appeal pursuant to Bankruptcy Rule 8002(d)
(1)(B) for failing to show excusable neglect. Sheedy's motion was
filed one business day late as a result of her attorney's
preoccupation with his second jo... More...
   $0 (11-21-2017 - MA)

Artur Hefczyc v. Rady Children's Hospital-San Diego

Artur Hefczyc appeals from an order denying his motion for class certification in
his lawsuit against Rady Children's Hospital-San Diego (Rady). On behalf of a proposed
class, Hefczyc seeks declaratory relief to establish that Rady's form contract, signed by
2
patients or guarantors of patients who receive emergency room care, authorizes Rady to
charge only for the reasonable ... More...
   $0 (11-18-2017 - CA)

United States of America v. Hassie Demond Nowlin, a/k/a Demond Nowlin and Brillian Knowlin Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

Greensboro, NC - North Carolina Tax Return Preparer Sentenced to Prison For Tax and Bankruptcy Fraud

A Greensboro, North Carolina, resident was sentenced today to 37 months in prison for corruptly endeavoring to obstruct the Internal Revenue Service (IRS), filing a fraudulent tax return, and bankruptcy fraud.

According to documents and information provided to the court, during 20... More...
   $0 (11-16-2017 - NC)

Kimberly Ann Zizza v. William K. Harrington United States Court of Appeals for the First Circuit

Kimberly Ann Zizza appeals an
order from the bankruptcy court denying her Chapter 7 discharge on
the grounds that she made material, knowing, and fraudulent false
oaths in the course of her bankruptcy proceedings. 11 U.S.C.
§ 727(a)(4). The bankruptcy court found that Zizza had failed to
disclose in her schedules and at her first creditors' meeting,
with reckless indifferen... More...
   $0 (11-15-2017 - MA)

KELLY G. WATSON v. BNSF RAILWAY COMPANY, a Delaware Corporation; BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY; BURLINGTON NORTHERN RAILROAD COMPANY

Watson was a long-term employee of BNSF in Lincoln County. During his BNSF
employment, he was exposed to vermiculite dust. The vermiculite mined in Libby and
the dust produced by it contains amphibole asbestos. BNSF transported vermiculite for
W.R. Grace & Company and its predecessors from Libby to various locations.
¶4 In July 2000, following widespread news reports on the... More...
   $0 (11-15-2017 - )

United States of America v. Craig Allen Otteson Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Two North Texas men sentenced for roles in a $6.4 million diamond investment fraud scheme

Craig Allen Otteson, 65, of McKinney, Texas, and Jay Bruce Heimburger, 59, of Dallas, appeared this afternoon before U.S. District Judge Sidney A. Fitzwater and were sentenced for their roles in a diamond investment scheme.

Otteson and Heimburger both pleaded guilty in July 2017... More...
   $0 (11-09-2017 - TX)

Todd J. Phillips v. Richard D. Gomez Idaho Supreme Court - Boise, Idaho

This case arises from Richard Gomez’s breach of a real estate agreement for the sale and purchase of residential real estate from Todd Phillips in his capacity as Trustee of Trust “A” of the Elliott Family Trust. Phillips appeals the Ada County district court’s denial of Phillips’s request to recover actual damages. After a bench trial, the district court held that Phillips’s claim for breach of c... More...   $0 (11-08-2017 - ID)

United States of America v. Rudolf Suter Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Swiss Citizen Serves 11 Months For Bankruptcy Perjury

Rudolf Suter, 67, formerly of Dallas, appeared in federal court on November 7, 2017 before U.S. District Judge David C. Godbey and was sentenced to time served (nearly 11 months in federal custody) for committing perjury in a federal proceeding under oath.

Based on witness testimony at the sentencing hearing, Ju... More...
   $0 (11-07-2017 - TX)

Joseph Geeting, Richard Geeting, and Lauri Geeting v. Craig Dyer and Dyer Custom Installation, Inc.

Following a jury trial and entry of final judgment, Joseph Geeting, Richard Geeting, and Lauri Geeting filed this appeal in which they argue two issues: they are entitled to a new trial because significant portions of the reporter’s record are missing or have been destroyed and because appellee Craig Dyer presented evidence and arguments supporting his now-disallowed cause of action for shareholde... More...   $0 (11-07-2017 - TX)

STATE OF NEW MEXICO v. JOHN ERIC OCHOA SUPREME COURT OF THE STATE OF NEW MEXICO

3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United
4 States Constitution and Article II, Section 14 of the New Mexico Constitution.
5 Defendant was arrested on May 12, 2008, and charged with a number of offenses
6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010,
7 trial was delayed for a number of reasons includ... More...
   $0 (11-03-2017 - NM)

United States of America v. Leon Fadden Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

A grand jury returned a three-count
indictment against Leon Fadden for conduct related to bankruptcy
fraud. Before trial, Fadden proposed a theory-of-defense
jury instruction for Counts 1 and 2. The district court
rejected that instruction, instead reciting the Seventh Circuit
Pattern Instructions. A jury convicted Fadden of all three
counts. Fadden now appeals his convicti... More...
   $0 (11-01-2017 - WI)

Comerica Bank v. Gordon E. Runyon, James M. Facciuto,

Appellants Gordon Runyon and Donna Runyon were once married.
In July 2010 respondent Comerica Bank (Comerica) obtained a joint and several judgment
for breach of guaranty against Gordon and some other defendants. Gordon and Donna
then divorced, the other judgment debtors settled with Comerica, and postdivorce,
Comerica obtained an order to show cause why real property that was form... More...
   $0 (10-22-2017 - CA)

In Re: Fundamental Long Term Care, Inc. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...   $0 (10-21-2017 - FL)

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