Bankruptcy Law
 
M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render... More...
   $0 (08-10-2017 - TX)

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)

Jeffrey Weinman v. James Ware Kelley, III

James Ware Kelley, III, appeals a Bankruptcy Appellate Panel (BAP) order,
which affirmed the bankruptcy court’s denial of successive motions to vacate and
reconsider the entry of default judgment. Exercising jurisdiction under 28 U.S.C.
§ 158(d)(1), we affirm.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not m... More...
   $0 (08-09-2017 - CO)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

United States of America v. Anthony Ventura Federal Courthouse - San Diego, California

San Diego, CA - Decorated Naval Aviator Steals $124,000 from Distinguished Flying Cross Society

Decorated Naval Veteran Anthony Ventura admitted July 25, 2017 in federal court that he used his position as treasurer of the Distinguished Flying Cross Society to embezzle $124,000 in charity funds.

The defendant had a distinguished military career in which he flew numerous combat mis... More...
   $0 (07-31-2017 - CA)

Dennis M. Rush v. White Corporation

Spanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana, a
development begun in 2002 by Spanish Peaks Holdings II, LLC (Holdings). The
featured residences at Spanish Peaks were to be “high end settlement cabins,” to be
constructed close to a massive lodge, which was to be the centerpiece of the
development, containing restaurants, stores, recreation facilities, and o... More...
   $0 (07-29-2017 - CA)

United States of America v. Jones Keith Andrews

Abington, VA - Carroll County Business Owner Pleads Guilty to Federal Charges - Keith Andrews Owned Andrews Farming in Carroll County; Case Involved Over $1 Million in Cash

A Carroll County business owner, who paid his employees in cash to avoid paying taxes to the Internal Revenue Service and later lied in a bankruptcy proceeding, pled guilty July 20, 2017 in federal court in Abingdon to... More...
   $0 (07-25-2017 - VA)

Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company Federal Courthouse - Philadelphia, Pennsylvania

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks failed to... More...   $0 (07-24-2017 - PA)

United States of America v. James P. Smith Federal Courthouse - Peoria, Illinois

Peoria, IL - Decatur Insurance Agent Sentenced for Fraud Scheme, Money Laundering

Chief U.S. District Judge James E. Shadid on July 20, 2017 sentenced James P. Smith, an independent insurance agent, to 63 months in federal prison for defrauding his clients from February 2011 to July 2016. Smith, 61, of the 5400 block of Traughber Road, Decatur, Ill., was also ordered to pay $349,777 in re... More...
   $0 (07-24-2017 - IL)

United States of America v. Craig Allen Otteson

Dallas, TX - McKinney Man Admits His Role in a $6.4 Million Diamond Investment Fraud Scheme

Craig Allen Otteson, 65, of McKinney, appeared July 18, 2017 before U.S. Magistrate Paul D. Stickney and pleaded guilty to his role in a diamond investment scheme that the indictment alleged ran from approximately March 2011 to November 2013.

Specifically, Otteson pleaded guilty to one cou... More...
   $0 (07-21-2017 - TX)

Richard D. Sibert v. Wells Fargo Bank, N.A.

While serving in the U.S. Navy, Richard Sibert obtained a loan secured by a
mortgage to purchase a house in Virginia Beach, Virginia. Soon after his discharge from
the Navy, he defaulted on the loan, and the lender began foreclosure proceedings. During
those proceedings, however, and before any foreclosure sale was held, Sibert enlisted in
the U.S. Army. The lender continued to pur... More...
   $0 (07-18-2017 - VA)

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)

United States of America v. Abigale (Abby) Lee Miller

Pittsburgh, PA - Abby Lee Miller Begins Serving 366 Prison Sentence

The United States of America charged Abby Lee Miller with bankruptcy fraud.

Abby Lee Miller (born September 21, 1966)[1] is an American dance instructor, choreographer, and the director and owner of Reign Dance Productions. She was also the founder of the Abby Lee Dance Company and appeared on the reality televis... More...
   $0 (07-13-2017 - PA)

United States of America v. Bryan Reichel

St. Paul, MN - PureChoice Founder Sentenced To 22 Years In Prison For $28 Million Dollar Investment Fraud Scheme

Bryan Reichel, 62, founder and former President and Chief Executive Officer of PureChoice, Inc. (PureChoice), was sentenced to 22 years in prison for orchestrating a multi-million-dollar investment fraud scheme. On November 3, 2016, REICHEL, who was charged in a 12-count supers... More...
   $0 (07-11-2017 - MN)

United States of America v. Kenneth James Hatzenbeller Federal Courthouse - Great Falls, Montana

Great Falls, MT - Former Owner of Montana Area Chili's Sentenced to 30 Months in Prison for Bank Fraud

Kenneth James Hatzenbeller, 65, of Great Falls, Montana, former owner of several Montana restaurants, was sentenced June 21, 2017 to 30 months in prison and 3 years supervised release for bank fraud. He was also ordered to pay $1,077,866.82 to two banks.

In court documents, f... More...
   $0 (07-11-2017 - MT)

United States of America v. Bruce Kevin Hawkins

Dallas, TX - Desoto Man Pleads Guilty For His Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Bruce Kevin Hawkins, 52, of Desoto, Texas, appeared in federal court on June 20, 2017 before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of mail fraud, announced U.S. Attorney John Parker of the Northern District of Texa... More...
   $0 (06-26-2017 - TX)

Waymon Scott Hartwell and HHH Farms, LLC v. Lone Star, PCA Fanin County Courthouse - Bonham, Texas

and HHH Farms, LLC (HHH) (collectively Appellants), defaulted on the payment due on two of their loans from Lone Star, PCA (Lone Star), they sold cattle securing the loans without paying the proceeds to Lone Star. After learning of the cattle sales and that some of the proceeds were used to pay other creditors, Lone Star sued Appellants for breach of contract, breach of fiduciary duty, conversion,... More...   $0 (06-23-2017 - )

Marilyn Pickaree-Champagne v. The Metropolitan Transit Authority of Harris County

In this slip-and-fall premises liability case, appellant Marilyn Pickaree-Champagne appeals a summary judgment entered in favor of appellee, Metropolitan Transit Authority of Harris County, Texas (“METRO”). Pickaree-Champagne argues that the trial court erred by granting summary judgment based on her deemed
admissions and by failing to rule on her motion for spoliation of evidence. We reverse ... More...
   $0 (06-23-2017 - )

Benjamin J. Ashmore, Sr. v. CGI Group, Inc.

Benjamin Ashmore appeals from the order of the district court (Analisa
Torres, J.) dismissing him as the plaintiff in this Sarbanes-Oxley whistleblower
action and allowing Barbara A. Edwards, the Trustee of his bankruptcy estate
(“Trustee”), to be substituted as the plaintiff. Ashmore argues that he has
standing to prosecute the whistleblower action because, contrary to the distric... More...
   $0 (06-21-2017 - )

David G. Turner v. Wells Fargo Bank, N.D., et al.

This appeal arises from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting Appellees’1 motion to dismiss Rosanna Mac Turner’s and David Turner’s (“Appellants” or “Turners”) Adversary Complaint without leave to amend.
The Turners are the borrowers and Trustors on a Deed of Trust (“DOT”) for residential property in Livermore, California. The DO... More...
   $0 (06-19-2017 - CA)

James C. Hilliard v. Kevin R. Harbour

Appellant, James C. Hilliard, now 78 years of age, filed a complaint making the
sole claim that Kevin R. Harbour (Harbour)1
and Wells Fargo Capital Finance, LLC,
(Wells Fargo or the Bank) took or assisted in taking his property for wrongful use, with
intent to defraud, or by undue influence, in violation of section 15610.30, subd. (a)(1)(2)
of the Welfare and Institutions Code ... More...
   $0 (06-17-2017 - CA)

Snyder & Associates Aquisitions, LLC v. United States of America

In 2010, the Internal Revenue Service set a trap to catch
people filing for fraudulent tax refunds. The IRS enlisted the
assistance of plaintiffs’ tax preparation and refund-advance
businesses. It warned that refusal to cooperate would
interfere with a federal criminal investigation, it used millions
of plaintiffs’ dollars as bait, and it promised to reimburse
them for any ... More...
   $0 (06-16-2017 - )

In re: Paul M. Wojciechowski; Mary E. Wojciechowski, also known as Mary Aubertin

Susan H. Mello and Susan H. Mello, LLC (collectively, "Mello") appeal the
October 21, 2016 order of the bankruptcy court1 confirming Debtors Paul M.
Wojciechowski and Mary E. Wojciechowski's second amended plan.2 We affirm.
BACKGROUND
Debtors filed a petition for relief under chapter 13 of the bankruptcy code in
April 2016. Debtors listed Mello, who had represented Debtor Paul ... More...
   $0 (06-15-2017 - MO)

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)

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