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Creditor Law
In re: Gary L. Bryan, a/k/a Gary L. Brian

This appeal arises out of an adversary proceeding brought by the trustee of
a Chapter 7 bankruptcy estate to determine how to divide the proceeds from the
sale of the debtor’s real property. Previous litigation has already established,
among other things, the validity, priority, and extent of the various liens on the
property. Bryan v. Peters (In re Bryan), 547 F. App’x 892 (10th C... More...
   $0 (05-24-2017 - CO)

James N. Hardwick v. Albert P. Wilcox

Between 1999 and 2010, Albert Wilcox made a series of loans to James Hardwick.
In 2013, Hardwick filed this action to recover usurious interest and prevent Wilcox from
foreclosing on property securing his loans. Wilcox countersued for breach of contract
and judicial foreclosure. The trial court entered judgment in favor of Hardwick, finding,
among other things, ... More...
   $0 (05-23-2017 - CA)

Charles Kinney v. Michele R. Clark

Charles Kinney appeals from a post-judgment award for
attorney fees and costs Michele Clark incurred in a prior appeal
while attempting to enforce an earlier award for attorney fees
and costs against Kinney. Kinney has been challenging Clark’s
entitlement to fees and costs in this action since 2008, when the
trial court first awarded Clark attorney fees and costs under a
re... More...
   $0 (05-18-2017 - )

Ralph S. Janvey v. Dillon Gage, Inc. of Dallas

This case concerns more fallout from Allen Stanford’s Ponzi scheme. Plaintiff-Appellant Ralph Janvey (“Janvey”) is the court-appointed receiver tasked with marshalling and distributing the assets of the Stanford entities. This suit relates to Stanford Coins and Bullion (“SCB”), a coin and bullion company previously owned by Allen Stanford. SCB sold coins and metals to the public. Defendant-Appelle... More...   $0 (05-17-2017 - TX)

Peggy O'Neil-Rosales v. Citibank (South Dakota) N.A.

Plaintiff and appellant Peggy O’Neil-Rosales appeals the judgment entered against her
and in favor of defendants and respondents Citibank (South Dakota) N.A. and Hunt &
Henriques. Plaintiff contends the trial court erroneously granted defendants’ special motions to
strike the complaint under Code of Civil Procedure section 425.16 (the “anti-SLAPP” statute).1

We affirm the judg... More...
   $0 (05-11-2017 - )

G & W Warren's, Inc. v. Judson V. Dabney, II

We are confronted here with issues concerning the scope of a guaranty given to
secure the buyer’s obligations under a master agreement and various subsidiary
agreements involving the purchase and sale of a motorcycle dealership. In addition, we
address the circumstances under which the liability of the guarantor, by virtue of
subsequent actions by the seller, may be exonerated.
... More...
   $0 (05-05-2017 - )

Nautilus, Inc. v. Chao Chen Yang

Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le... More...
   $0 (04-22-2017 - )

CASEYJ. LAWSON v. STATE OF TENNESSEE Estes Kefauver Federal Building - Courthouses

On May 2, 2012, the Petitioner was arrested for disclosure of an indictment before arrest, and he posted bail in the amount of $1,000. On June 13, 2012, the Petitioner was
indicted in case number 2012-CR-168 for two counts of accessory after the fact, one count of unlawful possession of a weapon by a convicted felon, and one count of unlawful possession of a weapon. Th... More...
   $0 (04-14-2017 - TN)

Santander Consumer USA, Inc. v. Mario A. Mata; Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen, John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.; and Redshift Investigation, Inc.

This is an appeal from the trial court’s denial of a motion to compel arbitration and
stay proceedings filed by appellant Santander Consumer USA, Inc. The trial court granted the
motion as to appellee Mario A. Mata and denied it as to the remaining appellees, Centroplex
Automobile Recovery, Inc.; Blake Thornton Vandusen; John F. Thompson d/b/a Centroplex
Automobile Recovery, Inc.; ... More...
   $0 (03-29-2017 - TX)

Hassan Chahadeh, M.C. v. Jacinto Medical Group, P.A. and Paradise Marketing and Consulting, L.P.

Hassan Chahadeh, M.D., personally guaranteed loans made by Jacinto Medical Group, P.A. and Paradise Marketing and Consulting, L.P. to University General Health System Inc. and University General Hospital, L.P. (collectively “UGH”). Subsequently, UGH defaulted on the loans and filed for Chapter 11
bankruptcy protection. Appellees sent notice and demand to Chahadeh requesting
payment u... More...
   $0 (03-14-2017 - TX)

In the Matter of: Lisa Ann Galaz

Appellants Raul Galaz (“Raul”) and Segundo Suenos, LLC1 appeal the
district court’s judgment awarding actual and exemplary damages to debtor
Lisa Ann Katona, formerly known as Lisa Galaz (“Lisa”). We AFFIRM the
judgment of the district court.
1 “Segundo Suenos” was likely formed with the intention of reading “Segundo Sueños,”
which is Spanish for “Second Dreams.” This opinion w... More...
   $0 (03-13-2017 - TX)

Noah S. Bunker; Paul Carrell; Everett Brew Houston, Jr.; W. Andrew Buckholz; Scott J. Leighty; Jad L. Davis; and Holly Clause, v. Tracy D. Strandhagen

This is an appeal from a declaratory summary judgment in favor of appellee
Tracy Strandhagen, a physician who was formerly employed with American Anesthesiology of
Texas, Inc. (“AAT”). Strandhagen sought a declaration that a liquidated-damages provision in a
contract she entered into with other physicians working for AAT was an unenforceable penalty.
Appellants, the physicians empl... More...
   $0 (03-12-2017 - TX)


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Barnhill was driving a truck for Allied Waste Services when he came upon a collision blocking his ... More...
   $0 (03-11-2017 - KS)

United States of America v. Deric Lostutter

Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents

A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.

U.S. ... More...
   $0 (03-08-2017 - KY)

Brittany Napoleon v. Strategic Dealer Services, Inc.

Brittany Napoleon sued Strategic Dealer Services, LP for use of a fraudulent motor vehicle lien. Strategic countersued Napoleon for breach of a motor vehicle retail installment contract.1 Each party moved for traditional and no-evidence summary judgment on its own claim and the other party’s claim. The trial court granted summary judgment in favor of Strategic. Napoleon appeals the trial court’s r... More...   $0 (03-06-2017 - TX)

Central Bank and Real Estates Owned, LLC v. Timothy Hogan, et al.

In this case, we deal with the question of whether participation agreements in connection with a loan transaction transferred security interests in the underlying property or only a contractual right to the proceeds from the originating bank. For the reasons expressed below, we conclude that the participating agreements transferred security interests in the underlying property to the participating... More...   $0 (03-03-2017 - IA)

In the Matter of the Estate of Leonard P. Clark, Deceased

Dalton Hobbs, as personal representative for his
mother Thelma’s estate (Dalton), appeals from a judgment
of final distribution of the estate of his step-father, Leonard
Clark (the decedent).1 Respondents Downie and Evans are
the decedent’s daughters, and respondent Harrington is the
personal representative of the decedent’s estate. Dalton contends
that the probate court er... More...
   $0 (03-01-2017 - OR)

The City of Houston v. Randall Kallinen

In this appeal, we determine whether the City of Houston must pay
attorney’s fees to compensate a citizen who pursued and won access to
information under the Texas Public Information Act. Invoking the PIA,
Randall Kallinen asked the City of Houston to disclose information regarding


a traffic-light camera study that the City had commissioned. The City g... More...
   $0 (02-28-2017 - TX)

Sweetwater Cattle Company, L.L.C. v. Leigh Murphy d/b/a Murphy Cattle Company

Leigh Murphy d/b/a Murphy Cattle Company appeals from the Bankruptcy
Court’s2 Orders holding that Sweetwater Cattle Company, L.L.C.’s lien in certain
cattle is superior to Murphy’s rights as an unpaid seller of the cattle. For the
reasons that follow, we AFFIRM.
This is a dispute over the validity and priority of interests in cattle. To
summarize, Leigh Murphy ... More...
   $0 (02-27-2017 - NE)

United States of America v. Bruce Carlton Wright

A jury convicted Bruce Carlton Wright of conspiracy to commit bank fraud
and of eleven counts of bank fraud arising from his participation in a scheme to
submit false draw requests and invoices to obtain bank loans. The district court
sentenced Wright to thirty-three months’ imprisonment and ordered him to pay
$1,094,490.60 in restitution. Wright raises several issues on appeal, co... More...
   $0 (02-22-2017 - OK)

Jashim Uddin Ahmed v. Mark Sosa

We consider whether the portion of a judgment rendered on a jury verdict for past medical expenses must be reduced in light of a health care provider’s post-verdict, prejudgment agreement to reduce its lien against the plaintiff’s recovery of the same. It does not. We will affirm.
Appellee Mark Sosa was hospitalized at John Peter Smith Hospital (JPS) for approximately six days in late 2011 aft... More...
   $0 (02-16-2017 - TX)

Marica R. Meoli v. The Huntington National Bank

In this bankruptcy case, Trustee Marcia Meoli seeks to recover
allegedly fraudulent transfers of funds from the now-bankrupt company, Teleservices, to
Huntington National Bank. Huntington lent money to, and maintained the deposits of, another
company called Cyberco, which had created Teleservices to perpetuate a Ponzi scheme. As a
part of the scheme, Cyberco and Teleservices shuttl... More...
   $0 (02-12-2017 - MI)

Saticoy Bay, LLC v. Wells Fargo Home Mortgage

NRS 116.3116-.31168 2 grant a homeowners' association (HOA)
a superpriority lien for certain unpaid assessments and allow an HOA to
nonjudicially foreclose on such a lien if specific requirements are met. In
this appeal, we must determine whether these statutes violate a first
security interest holder's due process rights. We hold that neither the
HOA's nonjudicial foreclosure,... More...
   $0 (01-26-2017 - Nv)

James Harvey Jordan v. Eddie R. Jensen

¶ 1 Here, we consider whether Utah Code section 78B-2-206 bars a challenge to a tax title based on a tax sale effected without notice to an interested party. On May 25, 2000, Uintah County conducted a tax sale, yet failed to provide the record mineral interest owners notice of the sale. Now, over a decade later, the purchaser of the tax title and the individuals who were the record owners of the m... More...   $0 (01-11-2017 - UT)

James Kingsbury v. Westlake Managment Company

Plaintiff James Kingsbury, acting as the personal representative of his mother’s estate, brought the underlying action against the Defendants in their capacities as partners of the limited partnership that owned the nursing home where Mr. Kingsbury’s mother resided at the time of her death. The general partner appeals the judgment entered against it by the district court on the ground that the a... More...   $0 (01-01-2017 - OK)

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