M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Creditor Law
 
Sunshire Heifers, L.L.C. v. Citizens First Bank

On August 14, 2014, a panel of this court
held that Citizens First Bank (“Citizens First” or “CFB”) failed to demonstrate that the “Dairy
Cow Leases” it had with farmer Lee Purdy (“Debtor”) were actually security agreements in
disguise. Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy), 763 F.3d 513, 521 (6th Cir.
2014). The case was subsequently remanded to the United Sta... More...
   $0 (08-31-2017 - KY)

Barbara Jean Susaraba v. John Royal Bates

Appellant Barbara Jean Susaraba appeals the trial court’s order granting summary judgment in favor of appellee John Royal Bates. Susaraba challenges the trial court’s order through two issues. We will reverse the court’s judgment.
Background
In 2007, Susaraba loaned money to her daughter and son-in-law, Kathleen and appellee John Royal Bates, to help them start a business. The Bates signed... More...
   $0 (08-31-2017 - TX)

United States of America v. Juan G. Catala Federal Courthouse - Providence, Rhode Island

This case requires us to answer
a question of first impression in this circuit — a question
involving the relative priority, as between the government and a
general creditor, with respect to claims relating to assets
forfeited as the proceeds of criminal activity. The district court
resolved this question in the government's favor and denied the
general creditor's claim. Af... More...
   $0 (08-31-2017 - RI)

PC Riverview, LLC v. Xiao-Yao Cao

¶1 In 2003, L + C Unlimited Corporation (L + C) was assigned
the lease that permitted the Golden Isle Restaurant to operate in a
strip mall in Murray, Utah. Xiao-Yan Cao, L + C’s president,
personally guaranteed L + C’s performance. In 2006, the lease was
again assigned, this time to Hong G. Lin. As part of that assignment,
the lease term was extended until September 30, 2013, ... More...
   $0 (08-24-2017 - UT)

Curci Investments, LLC v. James P. Baldwin

Respondent James P. Baldwin (Baldwin), a prominent real estate developer,
is no stranger to the complicated world of business entity structuring. Over the course of
his lifetime, he has formed and held interest in hundreds of corporations, partnerships and
limited liability companies. This appeal concerns one of those limited liability
companies, JPB Investments LLC (JPBI).
App... More...
   $0 (08-13-2017 - CA)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

Rajina Hess v. Volkswagen Group of America, Inc.

¶1 The trial court previously granted attorney fees against Defendant/Appellant/Counter-Appellee Volkswagen Group of America, Inc., (Volkswagen) in an amount exceeding $7 million in this multi-jurisdictional, class action law suit. In an appeal from that award, the Oklahoma Supreme Court concluded the trial court abused its discretion by failing to deduct the entirety of fees claimed in certain "f... More...   $0 (07-11-2017 - OK)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in... More...   $0 (07-07-2017 - TX)

Nataliya Shahin v. Memorial Hermann Health System

Nataliya Shahin, appellant, appeals the trial court’s order granting Memorial Hermann Health System’s plea to the jurisdiction which dismissed her claim for declaratory relief without prejudice. While the trial court did not specify any grounds in the order, appellee’s plea to the jurisdiction argued that appellant’s
2
claim (1) was not ripe because the statement amount was subject to char... More...
   $0 (06-16-2017 - TX)

Joseph E. Sarachek, in his capacity as Chapter 7 Trustee v. Luana Savings Bank

In the 90 days before filing for bankruptcy, Agriprocessors, Inc., wired funds
covering overdrafts at Luana Savings Bank. The bankruptcy trustee, Joseph E.
Sarachek, argues those overdraft-covering deposits are avoidable transfers
-2-
recoverable from Luana. The bankruptcy court 1 found Sarachek could recover some
deposits but not others. Sarachek and Luana cross-appealed. The ... More...
   $0 (06-15-2017 - IA)

Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation



Issue # 1. Issue: TORTIOUS INTERFERENCE CONTRACT (INTERFERE)
Filed By: YOUSUF, ARSHAD MD
Filed Date: 11/15/2004
Party Name Disposition Information
Defendant: CARDIOVASCULAR SURGICAL SPECIALISTS CORP Disposed: JUDGEMENT FOR PLAINTIFF, 02/09/2006. Jury... More...
   $0 (06-14-2017 - OK)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a... More...
   $0 (06-14-2017 - MN)

Casiopea Bovet, LLC. v. John Chaing, as State Contoller, etc.

Casiopea Bovet, LLC (Casiopea) appeals a judgment on the pleadings granted in
favor of the California State Controller (Controller) on the basis Casiopea could not claim
escheated property under the Unclaimed Property Law (Code of Civ. Proc., § 1500 et
seq.)1 as an assignee of Financial Title Company (Financial Title) because Financial Title
was a suspended corporation (Rev. & Tax.... More...
   $0 (06-12-2017 - CA)

Amy Powell v. CIT Bank, N.A., f/k/a OneWest Bank, N.A., f/k/a OneWest Bank FSB

This appeal arises out of a dispute between a property owner and a bank seeking to foreclose its lien on the property. The bank’s assignor acquired the lien
1 We grant appellee’s motion for rehearing in part, deny the motion in part, withdraw the memorandum opinion issued on December 15, 2016, and issue this substitute opinion.
2
in a reverse-mortgage transaction. The borrower later di... More...
   $0 (06-08-2017 - TX)

Clinton W. (Buddy) Pike, Sr., Daniel L. Walker, W. Tobin Wilson, VHSC Cement, LLC and Few Ready Mix Concrete Co. v. Texas EMC Management, LLC, Texas EMC Products, LP and EMC Cement, BV

In numerous issues, appellants, Clinton W. Pike Sr., Daniel L. Walker, W. Tobin Wilson, VHSC Cement, LLC, and Few Ready Mix Concrete, challenge a judgment in favor of appellees, Texas EMC Management, LLC, Texas EMC Products, LP, and EMC Cement, BV, stemming from the breakup of a partnership and the subsequent purchase of the partnership’s assets at a foreclosure sale. In a cross-appeal, EMC Manage... More...   $0 (06-06-2017 - TX)

Justin V. Haynes v. Alicia Bryan Haynes

Justin V. Haynes appeals the trial court’s judgment awarding Alicia Bryan Haynes’s indemnity under the parties’ post-nuptial agreement. We affirm in part and reverse in part.
BACKGROUND
Justin and Alicia married in March 2003. A year later, they executed a post-nuptial contract called the Marital Agreement. In theMarital Agreement, Justin and Alicia agreed that, in the event of a dissoluti... More...
   $0 (05-31-2017 - TX)

In the Matter of the Estates of Phillip Chin

The Oregon Probate Code allows an “interested
person” to take certain actions with regard to a decedent’s
estate, including petitioning to reopen an estate for
proper cause. The code defines an “interested person” to
include “heirs, devisees, children, spouses, creditors and
any others having a property right or claim against the
estate of a decedent that may be affected by... More...
   $0 (05-24-2017 - OR)

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

I. INTRODUCTION
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

INTRODUCTION
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 - )

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.