Bankruptcy Law
 
Grover V. Kilawatt Technologies, Inc.

On December 24, 2014, the court granted a motion to amend the complaint to add
Gregory Johnson and others as defendants. The 60-day period to serve the new parties thus ran
from that date, and expired in February. V.R.C.P. 3. On April13, Plaintiff filed a motion to
extend the time for service upon Mr. Johnson. The court denied the motion as untimely and
unsupported by excusable... More...
   $0 (11-27-2015 - VT)

United States of America v. Kelly Verd Nichols

Tulsa, OK - Jury convicts man of fraud, money laundering and bankruptcy fraud for taking Alzheimer's foundation money

The United States of America charged Kelly Verd Nichols, age 47 with one mail-fraud count, two money-laundering count and one bankruptcy-fraud count for converting $267,000 in Frank and Barbara Broyles Legacy Foundation money intended for the printing of caregiver booklets... More...
   $0 (11-24-2015 - OK)

People Of The State Of Ilinois v. Dicosola

The Attorney General filed against the defendant a complaint that included the following allegations. The defendant sold instructional DVDs, held seminars, andPage 2provided one-on-one consultations regarding bankruptcy and foreclosure laws. In May 2011, the Attorney General received information indicating that the defendant might be in violation of the Consumer Fraud Act (815 ILCS 505/1 et seq. (... More...   $0 (11-23-2015 - IL)

SECURITY SQUARE HOLDING, LLC, ET AL. v. SECURITY WARDS, LLC

The parties to this case (or their predecessors) developed the Mall in the early 1970s.
The Mall is not a singular property, but rather a confederation of separately owned tracts
that are integrated and governed according to a Construction, Operation and Reciprocal
Easement Agreement (“COREA”). The COREA has been modified three times, and the
operative version, the aptly named... More...
   $0 (11-22-2015 - MD)

USA v. AL Power Company, et al

The motion states that it is brought pursuant to 28 U.S.C. § 455(a), (b)(4), and (b)(5)(iii) and
that recusal is mandatory under those provisions. Accordingly, I will limit my discussion to the facts
and the law relevant to the Government’s motion, as framed. The facts, as laid out by the Government’s brief, are these: The motion was filed by the United States Environmental Protection A... More...
   $0 (11-21-2015 - AL)

Christopher B. Burke Engineering, Ltd v. Heritage Bank of Central Illinois

Around April 2008, Burke Engineering entered into an agreement with Glen Harkins (Harkins). Pursuant to the agreement, Burke Engineering was to survey a tract of land that Harkins was interested in purchasing and to draft and record a plat of subdivision for the property. At the time the agreement was entered into, the property was owned by Carol Schenck. Glen and Carol Harkins (the Harkinses) bou... More...   $0 (11-19-2015 - IL)

Patrick Van Adrichem, Lidwina Van Adrichem and Jakob Van Der Weg v. Agstar Financial Services, FLCA, as loan servicer and attorney-in-fact for McFinney Agri-Finance, LLC

Appellants Patrick Van Adrichem, Lidwina Van Adrichem, and Jakob Van Der Weg appeal a judgment on a promissory note, and an order of severance. We will affirm the judgment and the severance order.
2
Background
Appellants are partners in a Texas general partnership, Friendship Dairies. The partnership and appellants, jointly and severally, borrowed some $18 million from McFinney Agri-Fi... More...
   $0 (11-19-2015 - TX)

LightSquared Inc. et al v. Deere & Company et al

Before the Court is the joint motion of Defendants Deere & Company ("Deere"), Garmin
International, Inc. ("Garmin"), Trimble Navigation Limited ("Trimble"), and The U.S. GPS
Industry Council ("USGIC," and collectively, "Defendants") to dismiss two related actions
brought against them by LightSquared, Inc. ("LightSquared"), a mobile telecommunications
company currently in Chapte... More...
   $0 (11-17-2015 - NY)

Oasis Legal Finance Group v. Coffman

Oasis Legal Finance Group, LLC; Oasis Legal Finance, LLC; Oasis Legal Finance
Operating Company, LLC (collectively, “Oasis”); and Plaintiff Funding Holding, Inc.,
d/b/a LawCash (“LawCash”), operate nationwide, but they began doing business in
Colorado in 2004 and 2001, respectively. They provide money to plaintiffs with
pending personal injury claims arising from events such a... More...
   $0 (11-16-2015 - CO)

BOMBARDIER, INC. v. UNITED STATES DEPARTMENT OF LABOR et al

When someone believes that he or she has been discharged or otherwise discriminated
against in violation of § 42121(a), the person has ninety days from the date of discharge or
discrimination to file a complaint with the Secretary of Labor. Id. § 42121(b)(1); 29 C.F.R.
§ 1979.103(d). Department of Labor regulations oblige the complainant to file the complaint
with the Occupatio... More...
   $0 (11-15-2015 - DC)

Mary Ellen and David Wolf v. Wells Fargo and Carrington Mortgage Services

Houston, TX - Plaintiffs Awarded $5 Million on Mortgage Fraud Claim

Mary Ellen and David Wolf sued Wells Fargo and Carrington Mortgage Services on fraud theories claiming that the Defendants fabricated a transfer document so that they could foreclose in the Wolfs' property which was security for a $400,000 loan from Carrington.

In June 2006, the Wolfs refinanced their mortgage v... More...
   $0 (11-14-2015 - )

United States of America v. Richard J. Harley

Wilkes-Barre, PA - Monroe County Man Sentenced To 12 Years In Prison For Making False Claims Of Owning Billions Of Dollars Of Oil And Negotiable Bank Instruments

Richard J. Harley, age 71, of Shawnee on the Delaware, Pennsylvania was sentenced in Federal District Court in Wilkes-Barre to serve 12 years in prison by United States District Court Judge A. Richard Caputo. Harley was convict... More...
   $0 (11-12-2015 - PA)

Grapevine Diamond, L.P. and Jonathan Aflatouni v. City Bank

In this post-foreclosure deficiency suit, a second lienholder and guarantor challenge a foreclosure sale by the first lien holder. The main areas of controversy include whether (1) the first lien holder conclusively established its right to enforce the underlying notes and guaranties despite an alleged name discrepancy between the loan documents and pleadings, (2) alleged irregularities in the for... More...   $0 (11-10-2015 - TX)

United States of America v. Glay H. Collier II

Monroe, LA - Benton attorney pleads guilty to bankruptcy fraud

A Benton attorney pleaded guilty to collecting filing fees from clients without informing the bankruptcy court.

Glay H. Collier II, 53, of Benton, La., entered a conditional guilty plea to one count of bankruptcy fraud before U.S. Magistrate Judge Karen L. Hayes. The plea will become final when accepted by U.S. Distr... More...
   $0 (11-10-2015 - LA)

Gary A. Wright v. Experian Information Solutions, Inc.; Trans Union, LLC

On May 27, 2009, the Internal Revenue Service (“IRS”) filed a notice of federal
tax lien (“NFTL”) with the Pitkin County Recorder (the “Recorder”) in Colorado listing
as name of taxpayer: Attorneys Title Insurance Agency of Wright Gary A Member
On May 8, 2009, Mr. Wright had sent a check to the IRS for the unpaid employment
taxes underlying the lien.
The Recorder listed the lie... More...
   $0 (11-10-2015 - CO)

United States of America v. Mark J. Falcon

This appeal arises from the United States’ action to
collect unpaid federally reinsured student loans from
defendant-appellant Mark J. Falcon. Falcon obtained several
student loans between 1983 and 1991. Falcon then allegedly
defaulted. We affirm the district court’s grant of summary
judgment to the United States, and its denial of Falcon’s
motion to alter or amend the judg... More...
   $0 (11-09-2015 - AZ)

McGINNITY v. KIRK

This is an appeal from a judgment entered after a non-jury trial in a mortgage foreclosure proceeding. We hold the value of the property exceeded the amount due on the mortgage and no waste was present, but the district court's finding that the Kirks breached the contract for deed is not against the clear weight of the evidence on the McGinnitys' claims of failure to maintain insurance and failure... More...   $0 (11-09-2015 - OK)

Isaac A. Poter, Jr. v. United States of America

Isaac A. Potter, Jr., commenced this action on June 3, 2015. See generally Compl. Plaintiff alleges numerous causes of action in the complaint including: false allegations, retaliatory conduct, conspiracy to harm a patient and the patient's family, emotional distress, mental anguish, slander, violation of the patient's and spouse of the patient's constitutional rights, discriminatory acts, various... More...   $0 (11-09-2015 - DC)

Freeman v. J.L.H. Investments

Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick ... More...   $0 (11-06-2015 - SC)

Palisades Collection, LLC, et al. v. Unifund CCR Partners, et al.

The Palisades Parties and the Unifund Parties had a long-standing, continuous and
ongoing relationship. Pursuant to a Master Servicing Agreement, executed on May 28, 2003 (as
amended and restated, the “MSA”), the Palisades Parties purchased certain portfolios of
uncollected consumer debt, retained Unifund to service the portfolios for a Base Fee, and the
parties shared the pro... More...
   $0 (11-03-2015 - DE)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary,
Revolution. Tidel‟s majority stockholder, however, had high expectations for
Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later
offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were
separated into two indep... More...
   $0 (11-01-2015 - DE)

United States of America v. Daniel H. Williford

Charlotte, NC - Operator of Multi-Million Dollar Ponzi Scheme Sentenced To More Than Nine Years In Prison On Securities Fraud Charges

Daniel H. Williford, 57, of Fleetwood, N.C. was sentenced on Tuesday, October 27, 2015 to 110 months in prison for operating a Ponzi scheme that defrauded nearly 100 investors, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of Nor... More...
   $0 (10-28-2015 - NC)

Summers v. Financial Freedom

The relevant facts are, for all intents and purposes,
undisputed. On November 4, 1977, the decedent and Charlotte T.
Albeitsam took title as joint tenants with rights of survivorship
to residential property at 11 Sundance Street, Warwick, Rhode
Island (the Property). Following Albeitsam's death, the decedent
entered into a reverse mortgage with Financial Freedom Senior <... More...
   $0 (10-28-2015 - RI)

Tucker v. Town of Minturn

In May 2012, Minturn filed its verified Application.
¶4 In his capacity as trustee of an undisclosed trust, Tucker, proceeding pro se, filed
a Statement of Opposition to the Application. Thereafter, during a case management
conference, the water court questioned whether Tucker, in his capacity as a trustee,
could proceed pro se, given that he was not an attorney but was repres... More...
   $0 (10-28-2015 - CO)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and
struggling asset management firm. Over the course of a decade, Finger Lakes sponsored
investments in five portfolio companies. Each time, Finger Lakes formed a different
Delaware limited liability company as a special purpose vehicle for the investment.
Non-party Lyrical Partners, L.P. (“Lyrical”) is a... More...
   $0 (10-27-2015 - DE)

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