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Bankruptcy Law
 
Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and
Guy Hart in this wrongful foreclosure action, defendant
Nationstar Mortgage LLC obtained its attorney’s fees as
prevailing party, based on a clause in the deed of trust. On
appeal from the fee award, the Harts contend the clause in
question is not an attorney’s fees provision. We agree and
reverse.
FACTUAL AND PROCE... More...
   $0 (09-22-2018 - CA)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

Joe R. Whatley v. Canadian Pacific Railway Company District of North Dakota Federal Courthouse - Bismarck, North Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...
   $0 (09-18-2018 - ND)

United States of America v. Mark Demetri Stein

Dallas, TX - Final Defendant Sentenced in 'Foreclosure Rescue' Scheme

The final defendant in a high-profile north Texas “foreclosure rescue” case has been sentenced for his role in the scheme, which swindled nearly a quarter of a million dollars from at least 70 homeowners facing foreclosure, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.

Real Estate So... More...
   $0 (09-15-2018 - TX)

Austin Fox Jennings v. Randy L. Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This is an appeal from a decision of the Tenth Circuit Bankruptcy Appellate
Panel (BAP) that affirmed the bankruptcy court’s order that the Debtor, Austin Fox
Jennings, is entitled to claim an exemption in his entireties interest in real property
2
located in Wyoming, but only to the extent that his joint entities interest exceeds the
joint indebtedness of Jennings and his non-... More...
   $0 (09-14-2018 - WY)

United States of America v. Gary Hirst Southern District of New York - New York, New York

New York, NY - Gary Hirst Sentenced To 8 Years In Prison For Defrauding Tribal Entity And Pension Funds Of Tens Of Millions Of Dollars

Gary Hirst was sentenced by U.S. District Judge Ronnie Abrams to 8 years imprisonment for defrauding a Native American tribal entity and numerous pension fund investors of tens of millions of dollars in connection with the issuance of bonds by the tribal e... More...
   $0 (09-08-2018 - NY)

Ditech Servicing, LLC v. Jerry Perez d/b/a Lighthouse Investments

Prior to the bench trial, the parties stipulated to the facts and to certain exhibits, from which we draw our recitation of the background facts. In their briefs, the parties make clear that the central issue in the case is the statute of limitations. The property in question is a house located in Edinburg, Texas (“the Property”). On January 13, 2006, Sarah McMaster borrowed $99,621.00 from ... More...   $0 (09-03-2018 - TX)

Rev. Fr. Emanuel Lemelson v. Bloomberg, L.P. District of Massachusetts Federal Courthouse - Boston, Massachusetts

In both an online article and a subsequent TV interview, Bloomberg
News reported that the Securities and Exchange Commission had opened
an investigation to determine whether Emmanuel Lemelson, a priest
and hedge fund manager, had intentionally published false material
about public companies in whose stock he held a short position. Lemelson
filed suit against Bloomberg and ... More...
   $0 (09-01-2018 - MA)

Roberto Martinez v. Landry's Restaurants, Inc.

Roberto Martinez, Lisa Saldana, Craig Eriksen and Chanel
Rankin-Stephens (collectively Martinez parties) sued Crab
Addison, Inc., Ignite Restaurant Group, Inc. (formerly known as
Joe’s Crab Shack Holdings, Inc.) and Landry’s Restaurants, Inc.
on behalf of a putative class of salaried employees of Joe’s Crab
Shack restaurants in California who were allegedly misclassified
as... More...
   $0 (08-30-2018 - CA)

Erin R. Kemp v. United States Department of Education Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

The Appellant, Erin R. Kemp, appeals the order of the bankruptcy court1
denying her request for discharge of her student loan obligations to the United States
Department of Education (“DOE”) under 11 U.S.C. § 523(a)(8). We have jurisdiction
over this appeal. See 28 U.S.C. § 158(b). For the reasons that follow, we affirm.
ISSUE
The ultimate issue on appeal is whether the bankrup... More...
   $0 (08-28-2018 - AR)

United States of America v. Kevin R. Foster Southern District of Ohio Federal Courthouse - Columbus, Ohio

Columbus, OH - Entertainment Industry Business Manager Convicted of Defrauding Celebrity Clients, Bankruptcy Fraud and Tax Charges

A federal jury in Columbus, Ohio has convicted Kevin R. Foster, 42, of Montclair, NJ, of 16 charges related to a fraud scheme. He was found guilty of wire fraud, money laundering, bankruptcy fraud, tax evasion and filing a false tax return, announced Principal... More...
   $0 (08-26-2018 - OH)

Elaine Levins v. Healthcare Revenue Recovery Group, LLC District of New Jersey Federal Courthouses

In this appeal, we interpret three provisions of the Fair
Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-
1692p. Elaine and William Levins allege that Healthcare
3
Revenue Recovery Group LLC (“HRRG”) violated
§§ 1692e(14), 1692d(6), and 1692e(10) by leaving telephone
voice messages that did not use its true name, did not
meaningfully disclose its identity, a... More...
   $0 (08-23-2018 - NJ)

William James Crenan v. The State of Texas

Evidence at trial showed that Crenan was the owner of C4 Cattle, Inc. and an “order
buyer” for the Ty Jones Cattle Company. As an order buyer, he brokered the sale of cattle by filling
orders. Generally, Crenan would find cattle from a rancher and make an offer to buy the cattle on
behalf of a feedlot. Crenan would then ship the cattle from the rancher, receive the cattle at Ty Jone... More...
   $0 (08-20-2018 - TX)

United States of America v. Randall Alan Franz Montana District Federal Courthouse - Missoula, Montana

Missoula, MT - Man Sentenced to Federal Prison for Concealing Assets During His Bankruptcy

Randall Alan Franz, a 59-year-old resident of Sandpoint, Idaho, was sentenced on Thursday to 8 months in prison followed by three years of supervised release, and ordered to pay $205,084.79 in restitution after pleading guilty to concealing assets in bankruptcy. Chief U.S. District Judge Dana Christ... More...
   $0 (08-20-2018 - ID)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

State of Ohio v. Rickey Lamb, Jr.

On July 21, 2015, the Fulton County Grand Jury issued a seven-count indictment charging appellant with one count of arson in violation of R.C. 2909.03(A)(2), a felony of the fourth degree (“Count 1”); one count of aggravated arson in violation of R.C. 2909.02(A)(2), a felony of the second degree (“Count 2”); one count of aggravated arson in violation of R.C. 2909.02(A)(1), a felony of the firs... More...   $0 (08-14-2018 - OH)

William S. Kaye v. Blue Bell Creameries, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Bruno’s Supermarkets, LLC (“the Debtor”) filed for bankruptcy under Chapter 11. In administering and ultimately liquidating the bankruptcy estate, the Trustee filed an adversary proceeding against Blue Bell Creameries, Inc. (“Blue Bell”) to recover monies the Trustee contended were owed by Blue Bell to the estate. Specifically, the Trustee sought to recover from Blue Bell more than $500,000 in a s... More...   $0 (08-14-2018 - AL)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

Garrell "Gary" McCutcheon Jr., and Melissa K. McCutcheon v. Pavco Trucking Co. Inc., and Titan Transfer, Inc.

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in
Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by
truck. Pavco terminated the McCutcheons’ employment on February 14, 2014.
[3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which
enumerated a number of Pavco’s assets that would be transferred to Titan in
exch... More...
   $0 (08-12-2018 - IN)

Michael Colaco v. Cavotec SA

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s... More...
   $0 (08-11-2018 - CA)

The William R. Lee Irrevocable Trust v. Lester L. Lee Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lester Lee merged two companies he controlled. A trust administered by his nephews, with a pre-merger minority interest in one of the companies, dissented from the merger pursuant to Indiana’s Dissenters’ Rights Statute and obtained a judgment against that company. Lester filed a personal bankruptcy petition. The Trust commenced an adversary proceeding in that bankruptcy action, seeking to pierce ... More...   $0 (08-07-2018 - iN)

William P. Stickrod v. State of Indiana

At 6:50 p.m. on December 17, 2016, Officer Grant Leroux of the Lafayette Police Department and other officers arrived at a house in Lafayette, Indiana. The house belonged to Stickrod’s mother, but Officer Leroux knew that Stickrod lived there. The officers were there to execute warrants to arrest Stickrod for failing to appear at court hearings in two criminal cases. ... More...   $0 (08-04-2018 - IN)

FAN WANG v. THE ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA

Fan Wang, a citizen of the People’s Republic of China, obtained lawful permanent resident status in the United States on April 29, 2010, and worked as a trading assistant in a financial services firm. In 2011, without authorization, he purchased oil futures contracts using the firm’s trading account and transferred those contracts between firm accounts. In company records, Wang marked these cont... More...   $0 (08-02-2018 - PA)

Yvetter Vangorden v. Second Round, Limited Partnership Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff consumer Yvette Vangorden sued defendant debt
collector Second Round, Limited Partnership (“Second Round”), for
violating the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692 et seq., by sending her a letter representing that she still owed
money on a debt that she had settled five years earlier, and requesting
17‐2186‐cv
Vangorden v. Sec... More...
   $0 (08-02-2018 - NY)

Mark McClaskey v. CWG Plastering, LLC Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Walter “Wally” Gianino owned and
operated a plastering company in St. Louis, Missouri, for over
thirty years. That business—Gianino Plastering—abruptly
closed in 2012. Around the same time, Wally’s son, Curt Gianino,
who had worked at Gianino Plastering for over a decade,
founded his own company, CWG Plastering, LLC. CWG
took on at least some of Gianino Plastering’s custome... More...
   $0 (07-31-2018 - IN)

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