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Bankruptcy Law
 
Robert Furlough v. Trustee Lowell T. Cage Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In bankruptcy litigation, the mishmash of multiple parties and multiple claims can render things labyrinthine, to say the least. To dissuade umpteen appeals raising umpteen issues, courts impose a stringent-yet-prudent standing requirement: Only those directly, adversely, and financially impacted by a bankruptcy order may appeal it.
This appeal is from a bankruptcy court order approving a trus... More...
   $0 (06-20-2018 - TX)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...
   $0 (06-20-2018 - MA)

Erick Peoples, et al. v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200... More...   $0 (06-16-2018 - MI)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superseding indictme... More...
   $0 (06-12-2018 - MA)

ANTHONY MOSCATIELLO vs STATE OF FLORIDA

On February 6, 2001, Gus Boulis, a successful businessman, left his office in Broward County around 9 p.m. As he was heading south on Miami Road, a car stopped in front of him. Boulis stopped his vehicle, and another car pulled in behind Boulis so that he was boxed in. An innocent bystander was in a third car that stopped behind the first two cars. A red Jetta pulled up behind the bystander’s ... More...   $0 (06-11-2018 - FL)

United States of America v. Delroy Anthony McLean Middle District of Georgia Federal Courthouse - Albany, Georgia

A jury convicted Delroy McLean of violating 18 U.S.C. § 115(a)(1)(B) by “threaten[ing] to assault” an immigration judge “with the intent to impede, intimidate, or interfere” with that judge “while [she was] engaged in the performance of official duties” (i.e., during a bond hearing). On appeal, Mr. McLean challenges his conviction and 41-month sentence on several grounds.
One of Mr. McLean’s a... More...
   $0 (06-11-2018 - GA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

United States of America v. Charles Williams Northern District of Illinois Courthouse - Chicago, Illinois

Charlise Williams was charged in a
five‐count indictment for bankruptcy fraud. After a weeklong
jury trial, she was found guilty on all counts and sentenced
to a below‐Guidelines prison term of 46 months. On
appeal, Williams argues that the district court erred by: (1) restricting
her ability to cross‐examine witnesses in violation of
the Confrontation Cla... More...
   $0 (06-06-2018 - IL)

United States of America v. Jason Hernandez Eastern District of Tennessee - Chattanooga, Tennessee

Chattanooga, TN - Jason Hernandez Sentenced to Serve 21 Months in Prison for Financial Institution Fraud

On May 30, 2018, Jason Hernandez, 44, of Chattanooga, Tennessee, was sentenced by the Honorable Curtis L. Collier, U.S. District Court Judge, to serve 21 months in federal prison for committing financial institution fraud.

Hernandez pleaded guilty in November 2017 to federal ... More...
   $0 (06-06-2018 - TN)

James C. Mason, a/k/a Jim Mason v. Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA.

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...
   $0 (06-05-2018 - CO)

STATE OF OHIO v. JEANNE HARRINGTON

On the morning of August 16, 2011, Harrington placed a call to the Avon Lake
Police Department to notify them that her husband had committed suicide. Upon arriving at the
marital residence, officers found the victim lying on a couch with his head wrapped in plastic.
They also found a purported suicide note that was typewritten, but signed in ink with the victim’s
name. The c... More...
   $0 (06-03-2018 - OH)

JIM A. CARTER, JR., LOGGING, LLC, AND JAMES A. CARTER, JR. V. FIRST NATIONAL BANK OF CROSSETT

James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter
Logging), with James as its sole member. Carter Logging entered into two loan agreements
1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...
   $0 (06-02-2018 - AR)

Sarah Hyunsoon No v. Thomas PatrickGorman United States Court of Appeals for the Fourth Circuit

The U.S. Bankruptcy Court for the Eastern District of Virginia dismissed Appellant’s bankruptcy case without a hearing under Local Bankruptcy Rule 3070-1(C),1 and the district court affirmed. Because the plain language of 11 U.S.C. § 1307 requires a hearing, we reverse and remand.
I.
On November 30, 2016, Sarah Hyunsoon No filed a voluntary petition for Chapter 13 bankruptcy under § 301 of... More...
   $0 (05-24-2018 - VA)

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)

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