This opinion is about the scope of legal protections afforded to individuals who
are unable to handle their financial affairs in a responsible manner because of a physical
or mental condition. We will use the terms “disabled,” “under a disability,” and “subject
to guardianship proceedings” to refer to persons who have been adjudicated by a court to
be unable to manage their propert... More...   $0 (10-26-2015 - MD)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision
of the Court of Appeals, ___ N.C. App. ___, 750 S.E.2d 886 (2013), finding no error in
orders entered on 19 September 2011 and 4 October 2011 by Judge Ronald E. Spivey
and a judgment entered on 11 July 2012 by Judge Stuart Albright, in Superior Court,
Guilford County. On 6 March 2014, the Supreme Co... More...   $0 (10-25-2015 - NC)

In this high-conflict case, Arn H. Pearson appeals from a judgment of
divorce from Mary Lou Wendell issued by the District Court (Portland, Eggert, J.).
Pearson argues that the court erred by (1) awarding Wendell sole parental rights
and responsibilities affecting the parties’ three minor children; (2) failing to
properly apply statutory factors, see 19-A M.R.S. § 951-A(5) (20... More...   $0 (10-22-2015 - ME)

Everyone before us accepts that all of a debtor’s legal and equitable
property interests automatically become part of the bankruptcy estate once a
bankruptcy case gets underway. The question we face in this case is what
property interest this debtor, Expert South, possessed under an Oklahoma escrow
agreement at the time it entered bankruptcy.
The question comes to us this way.... More...   $0 (10-21-2015 - KS)

Appellant Cal Dive Offshore Contractors, Inc., appeals from a final judgment
in favor of appellee, Nigel Bryant, following a jury trial on Bryant’s suit for injuries
sustained in a slip-and-fall accident on Cal Dive’s ship. Cal Dive raises six issues on
appeal. In its first, second, and fourth issues, Cal Dive argues that the trial court erred
in its application of English law to t... More...   $0 (10-20-2015 - TX)

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as... More...   $0 (10-20-2015 - DE)

Seal Beach Man Pleads Guilty in Foreclosure Rescue Scheme.
Defendant’s Illegal Conduct Allegedly Continued after $5 Million Sanction by Judge.

A Seal Beach man has pleaded guilty to federal fraud charges related to a mortgage rescue scheme in which he made false promises to the distressed homeowner, filed fraudulent bankruptcies to delay foreclosure and rented the property to third pa... More...   $0 (10-20-2015 - CA)

On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of... More...   $0 (10-19-2015 - WY)

Starting in August 2005, Pruisner and Ballhagen entered into a contract1
for Pruisner to deliver to Ballhagen SEW2 and feeder3 pigs on a routine basis.4
Under the terms of the contract, Pruisner paid for the feed, transportation, and
veterinary services and medication for the hogs, and Ballhagen provided daily
care until the hogs reached market weight. Pruisner paid Ballhagen... More...   $0 (10-17-2015 - IA)

Following a bench trial in Superior Court (Delker, J.), the court denied the petition of the plaintiff, Celestica, LLC (Celestica), requesting a declaration that the defendant, Communications Acquisitions Corporation d/b/a Whaleback Managed Services (CAC), is obligated to pay the balance of a judgment that Celestica had obtained against another business, the assets of which CAC had purchased at pu... More...   $0 (10-16-2015 - NH)

Plaintiff Jeffrey Weinman is the Chapter 7 Trustee for Adam Aircraft Industries
(“AAI”).1 Defendant Joseph Walker was an officer of AAI and served as its president
and as a member of its Board of Directors (the “Board”) from 2004 through early
2007. Throughout his employment, Walker had neither a written employment
contract nor a severance agreement with AAI.
In February 2007, ... More...   $0 (10-15-2015 - CO)

On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of... More...   $0 (10-15-2015 - WY)

In this adversary proceeding, Wil‐
liam Brandt, acting as plan administrator for Equipment Ac‐
quisition Resources (“EAR”), seeks to avoid and recover
fraudulent transfers made to the Horseshoe Casino (“Horse‐
2 No. 14‐2174
shoe”). Brandt alleges that EAR made fraudulent transfers to
Sheldon Player, the original owner of EAR, and that Player
used... More...   $0 (10-13-2015 - IL)

This appeal has a complicated background, involving multiple lawsuits in
federal district courts, Florida state court, and a Spanish bankruptcy court. The
common denominator of these suits is Quail Cruises Ship Management (“Quail”),
from which multiple parties, including participants in this appeal, have tried to
collect money that they believe Quail owes them.
contract w... More...   $0 (10-12-2015 - FL)

Bryana Bible stopped paying her student loan but later  agreed to a rehabilitation program, governed by 34 C.F.R.  §682.405, under which she paid $50 a month (not enough to cover even half of the monthly interest) in anticipation that  she would eventually resume making full payments, after  which the note would be sold to a new private lender. When  signing the rehabilitation contract, Bible prom... More...   $0 (10-11-2015 - ID)

Husband and Wife Indicted for Income Tax Evasion and Bankruptcy Fraud.
DENVER – Daryl F. Yurek, age 60, and Wendy M. Yurek, age of 60, both of Littleton, Colorado were indicted by a Federal Grand Jury in Denver on October 7, 2015 for income tax evasion and bankruptcy fraud. The Yureks, husband and wife, had their initial appearance before U.S. Magistrate Judge Kathleen Tafoya. The Yureks were ... More...   $0 (10-10-2015 - CO)

LOS ANGELES, CA – Australian Man, Who Ran Third Largest Car Dealership in the United States and Was Fugitive for 24 Years, Pleads Guilty in $50 Million Scheme that Defrauded Multiple Banks in the 1980s.

An Australian man, who ran the third largest car dealership in the United States before he fled the country 27 years ago, pleaded guilty late yesterday afternoon to federal charges for ban... More...   $0 (10-09-2015 - CA)

SUMMARY*
Criminal Law
The panel affirmed a conviction and sentence for two
counts of conversion and misapplication of funds from a
tribal organization, in violation of 18 U.S.C. § 1163.
The defendant is a contractor who owned a controlling
interest in, and managed and controlled, two construction
companies. His conviction resulted from his involvement in
projects he... More...   $0 (10-08-2015 - NV)

Los Angeles, CA - Whittier Woman Sentenced to Nearly 6 Years in Prison for Having Duped 400 Victim Homeowners – Many Spanish Speakers – of Nearly $4 Million with False Promises of Eliminating Their Mortgages

A Whittier woman was sentenced to nearly 6 years in prison for her lead role in a scheme that falsely promised to eliminate mortgage debts for approximately 400 distressed homeowners ... More...   $0 (10-06-2015 - CA)

The underlying facts are undisputed and uncomplicated. In September of 2012, Wichita Hospitality Group, LLC entered into an agreement with Puetz Corporation ("Puetz") for Puetz, as general contractor, to design and construct a Holiday Inn Express & Suites Hotel ("the Hotel") in Wichita, Kansas. Puetz subcontracted a portion of the work to Dynamic Drywall, Inc. ("Dynamic"), and paid Dynamic $271,2... More...   $0 (10-04-2015 - KS)

A disability policy and a business overhead expense policy issued by Appellee Minnesota Life Insurance Company covered Appellant Kevin Witasick.1 Those policies were later acquired and administered by Appellee Standard Insurance Company. Witasick made claims against both policies, which were honored by the Appellees. A dispute arose, however, concerning the coverage of some of Witasick’s claimed b... More...   $0 (10-02-2015 - NJ)

Dallas, TX - Dallas Woman Sentenced to 15 Months in Federal Prison for Lying in Bankruptcy Filings

A Dallas woman who was convicted at trial earlier this year on felony offenses stemming from the filing of false bankruptcy documents, was sentenced yesterday.

Julie Grant, a/k/a Juliana Jacobs Grant, Juliana Okwue Jacobs Grant, and Juliana Okwuenu, 50, was sentenced to serve 15 mo... More...   $0 (09-30-2015 - TX)

This appeal concerns an attachment of property made pursuant to Supplemental Admiralty Rule B. The money at issue arose from the legal settlement of a dispute over the purchase of a cruise ship featured on ABC Television Network’s long-running series, The Love Boat. The plaintiff below, and appellant here, has advanced a novel interpretation of Rule B. The district court was unpersuaded, as are we... More...   $0 (09-30-2015 - FL)

Defendants Bruce Wood and Glenn Smith each executed a guaranty agreement in connection with a $6.9 million loan for a commercial real estate project. After the borrower’s successor, Caplan Landlord, LLC, defaulted on that loan, defendants failed to pay the debt under their guaranties. Plaintiff CML-OR 5th, LLC,1 a Florida limited liability company and the assignee of the underlying promissory note... More...   $0 (09-29-2015 - OR)

The Bankruptcy Code confers a “right to be heard” with
respect to “any issue in a case under [Chapter 11]” on any
“party in interest.” 11 U.S.C. § 1109(b). We have previously
held that party-in-interest status is a necessary prerequisite to
bankruptcy standing. In re Thorpe Insulation Co., 677 F.3d
869, 884 (9th Cir. 2012). In this case, we consider whether
a beneficiary of... More...   $0 (09-28-2015 - CA)