Bankruptcy Law
 
In re: ICL HOLDING COMPANY, INC., et al.

At the start of 2012, LifeCare Holdings, Inc. (“LifeCare”),1 once a leading operator of long-term acute care hospitals, was struggling financially. Management blamed its condition on Hurricane Katrina’s destruction of three of the company’s facilities and growth-stunting federal regulations that followed the 2005 natural disaster. Because of the weight of its debt load ($484 million, of which ap... More...   $0 (09-27-2015 - DE)

Kathryn Rothkamm v. United States of America; Internal Revenue Service

Plaintiff-Appellant Kathryn Rothkamm and her husband filed separate tax returns. Rothkamm’s husband incurred a tax liability, and the IRS levied her account at a bank, which she asserts was her separate property. She initially sought a Taxpayer Assistance Order (“TAO”) through the Taxpayer Advocate Service but obtained no relief. She then filed an administrative claim and, when that was denied, fi... More...   $0 (09-21-2015 - LA)

United States of America v. Ken Sarna

Sacramento, CA - Defendant Sentenced In Case Involving Unregistered Securities

Ken Sarna, 50, of Vallejo, was sentenced by United States District Judge Troy L. Nunley to two years and six months in prison for one count of selling unregistered securities, United States Attorney Benjamin B. Wagner announced.

According to court documents, Sarna was the Director of Operations for Hea... More...
   $0 (09-20-2015 - CA)

Deutsche Bank National Trust Company v. Helene Hines, Jeffrey Hines, and George Edward Kennedy

The background of this case is lengthy and somewhat complicated. On June
7, 2004, Defendant Helene Hines conveyed real property located at 302 S. Ocean
Drive, South Bethany, Delaware (hereinafter “the Property”), to Villa Oceana,
LLC.4 Thereafter, by deed dated February 25, 2005, Villa Oceana, LLC conveyed
the Property to Defendants Jeffrey Hines and Helene Hines as tenants ... More...
   $0 (09-18-2015 - DE)

Roger D. Burks v. XL Specialty Insurance Company

Appellant Roger D. Burks was the chief financial officer of Superior
Offshore International, Inc., which had obtained a directors and officers (D&O)
insurance policy from appellee XL Specialty Insurance Company. Superior
Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan
agent sought to recover property that the company transferred to Burks and to
avo... More...
   $0 (09-15-2015 - TX)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company
organized under the laws of the Island of Guernsey, Channel Islands in August 2006
The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integral to th... More...
   $0 (09-14-2015 - DE)

Kevin Duff v. Central Sleep Diagnostics

On August 31, 2010, investors in Central Sleep filed suit in Cook County Circuit Court against the company; Kenneth Dachman, its promoter; Dachman’s wife, Katherine Lynn Dachman; and several others. The suit asserted claims for fraud, RICO violations, conversion, fraudulent conveyance, civil conspiracy, and securities fraud. Dachman was also criminally charged and convicted for his fraudulent cond... More...   $0 (09-13-2015 - IL)

Nw. Wholesale, Inc. v. Pac Organic Fruit, LLC

Washington orchardists Harold and Shirley Ostenson (collectively Ostenson) and
California organic fruit broker Greg Holzman (d/b/a Greg Holzman, Inc. (GHI)) formed
Pac Organic Fruit LLC (Pac-0) in 1998. GHI held the majority interest and management
responsibilities under the LLC' s operating agreement. Ostenson was required to rent his
local Washington storage and packing facil... More...
   $0 (09-11-2015 - WA)

RSL Funding, LLC v. Felicia Alford; State Farm Fire and Casualty Company et al.

In 1994, defendant Felicia Alford, then a minor, by her guardians, settled a personal injury claim against certain insureds of defendant State Farm Fire. The settlement was approved by a court order that provided, “for the best interest of the minor . . . the proceeds of such settlement be paid and used in the manner hereinafter specifically provided.” Under the settlement, the payor, State Farm... More...   $0 (09-11-2015 - CA)

United States of America v. Farrell Larson

Boise, ID - Utah Man Sentenced for Fraudulently Concealing and Transferring Assets in Bankruptcy

Farrell Larson, 67, of Meadow, Utah, was sentenced to five years of probation and 100 hours of community service for fraudulent transfer and concealment of assets in a bankruptcy. Senior U.S. District Judge Edward J. Lodge also ordered Larson to pay restitution in the amount of $47,000.
More...
   $0 (09-08-2015 - ID)

John W. Paterek v. Village of Amanda, Michigan, Ben Delecke

Plaintiffs John (“Paterek”)1 and Cynthia Paterek (“the Patereks”),
along with their company Paterek Mold & Engineering, Inc. (“PME”), (collectively “Plaintiffs”),
appeal the district court order granting summary judgment in favor of Defendants Ben Delecke,
Commissioner of the Village of Armada Planning Commission, and the Village of Armada
(collectively “Defendants”), in this § 198... More...
   $0 (09-08-2015 - MI)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in th... More...
   $0 (09-03-2015 - TX)

United States of America v. Brent Lee Newbold

Sacramento, CA - Granite Bay Man Pleads Guilty in Scheme That Defrauded Investors in “Green” Cleaning Product Company

Brent Lee Newbold, 58, of Granite Bay, pleaded guilty to wire fraud and agreed to submit to a restitution order of at least $2.9 million, United States Attorney Benjamin B. Wagner announced.

Newbold was employed as chief executive officer of Holy Cow, a Rocklin-ba... More...
   $0 (09-03-2015 - CA)

United States of America v. Tony Michael Hutchinson

ABINGDON, VIRGINIA – A Bristol, Virginia man, who stole more than $160,000 from his employer, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon.

Tony Michael Hutchinson, 52, previously pled guilty to a one count Information charging him with wire fraud. Today in District Court, Hutchinson was sentenced to four months of federal incarc... More...
   $0 (09-01-2015 - VA)

Trikona Advisers Ltd. v. Haida Investments Ltd

This action arises out of a dispute over the control and ownership of 500 shares of stock (shares) in the named plaintiff, Trikona Advisers Limited(Trikona),aninvestmentadvisorycorporationspecializing in Indian real estate, which is incorporated in theCaymanIslands.TheplaintiffsAsiaPacificVentures Limited (Asia Pacific) and Vera Financial Corporation (Vera Financial) brought an interpleader action... More...   $0 (09-01-2015 - CT)

Laura Sheedy v. Deutsche Bank National Trust Company

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
creditors.
I. Back... More...
   $0 (09-01-2015 - MA)

United States of America v. Spaulding

This case presents a significant jurisdictional question: Does 18 U.S.C.
§ 3231, which grants district courts original jurisdiction over federal criminal
cases, allow a district court, absent government objection, to set aside a criminal
judgment that contains a term of imprisonment at any time and for any reason?
Or, instead, is a district court empowered to set aside such a judgm... More...
   $0 (09-01-2015 - CO)

Sun Tec Computer, Inc. v. The Recovar Group, LLC

This is an appeal from a final summary judgment rejecting appellants’ request for a declaratory judgment setting aside a receivership sale under a turnover order in another lawsuit. Tax Debt Acquisition Company, LLC (TDAC) purchased an unpaid judgment against Sun Tec Computer, Inc. from the judgment creditor and filed an application for a turnover order and appointment of a receiver. The receiver ... More...   $0 (08-31-2015 - TX)

United States of America v. Matthew Williams

Kansas City, KS - Federal Jury Finds Junction City Man Was Not War Hero He Claimed to Be

A federal jury returned a guilty verdict in the case of a Junction City man who stole his father’s identity to apply for a loan to buy a $490,000 house, U.S. Attorney Barry Grissom said.

Matthew Williams, 47, Junction City, Kan., was convicted on one count of bank fraud and one count of aggr... More...
   $0 (08-27-2015 - KS)

Tribeca Co. v. First American Title Ins

Tribeca is a California limited liability company formed in October 2005 by William Faidi, its sole shareholder. It is a San Francisco-based private equity investment firm that makes investments in “distressed” real estate by purchasing and foreclosing on defaulted mortgage loans. Sky Pacific Holdings I, LLC (Sky Pacific) is another California limited liability company also formed by Faidi, who ... More...   $0 (08-27-2015 - CA)

James Calloway v. Caraco Pharmaceuticals Laboratories, Ltd.

Defendant Caraco Pharmaceutical Laboratories, Ltd. (“Caraco”),
appeals the district court’s judgment in favor of the plaintiffs, former Caraco employees.
No. 14-2526 Calloway v. Caraco Page 2
Following a bench trial, the district court found that Caraco violated the Worker Adjustment and
Retraining Notification (“WARN”) Act, 29 U.S.C. §§ 2101–2109, by failing to comply with the
... More...
   $0 (08-26-2015 - MI)

Michael Belanger v. Geico General Insurance Co.

The relevant facts are undisputed. On December 27, 2007, Belanger was in an automobile accident with Natalie N. Stephen, GEICO’s insured. Belanger sued Stephen and GEICO in state court. He alleges that, before trial, he offered to settle his claim against both parties for the policy limits of $25,000, but GEICO rejected his offers. Following a trial, the court entered a judgment against Stephen in... More...   $0 (08-23-2015 - LA)

IN RE: TRIBUNE MEDIA COMPANY, Debtor; AURELIUS CAPITAL MANAGEMENT, L.P., DEUTSCHE BANK TRUST COMPANY AMERICAS; LAW DEBENTURE TRUST COMPANY OF NEW YORK

In December 2007, the Tribune Company (which published the Chicago Tribune and the Los Angeles Times and held many other properties) was facing a challenging business climate. Sensing an opportunity, Sam Zell, a wealthy real estate investor, orchestrated a leveraged buy-out (“LBO”), a transaction by which a purchaser (in this case, an entity controlled by Zell and, for convenience, referred to by... More...   $0 (08-23-2015 - PA)

Hellam v. Crane Co

Hellam sued Crane and several other defendants after he developed mesothelioma, a fatal cancer caused by exposure to asbestos. The facts underlying his claims are not at issue and may be briefly summarized from our prior opinion. As a young man in the 1960’s, Hellam worked for several summers at his grandfather’s boiler business in Monterey, Monterey Boiler Service (MBS). He was exposed to asbe... More...   $0 (08-21-2015 - CA)

Assn. for LA Deputy Sheriffs v. LA Times

According to appellants, the Los Angeles County Office of Public Safety (OPS) used to be a law enforcement agency separate from the Los Angeles County Sheriff’s Department (LASD). In 2010, the County decided to merge OPS into LASD. Apparently, OPS officers who wanted to work for LASD were required to complete application forms for LASD. LASD hired former OPS officers to work as deputy sheriffs.... More...   $0 (08-20-2015 - CA)

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