Bankruptcy Law
 
Diana Houck v. Substitute Trustee Services

Diana Houck commenced this action under 11 U.S.C. § 362(k), alleging that the defendants foreclosed on and sold her homestead in violation of the automatic stay triggered by her filing of a Chapter 13 bankruptcy petition. The district court granted the motion to dismiss filed by one of the defendants, Substitute Trustee Services, Inc. (the “Substitute Trustee”), concluding that Houck failed to all... More...   $0 (07-01-2015 - )

Longpath Capital, LLC v. Ramtron International Corporation

In this appraisal action, the petitioner asks the Court to determine the fair value of
its shares in the respondent. On November 10, 2012, a third party acquired the
respondent in a hostile cash merger for $3.10 per share. The deal had an equity value of
approximately $110 million and paid a 71% premium over the respondent‘s unaffected
stock price of $1.81.
The petitioner acq... More...
   $0 (06-30-2015 - DE)

Arizona State Legislature v. Arizona Independent Redistricting Commission

In 2000, Arizona voters adopted an initiative, Proposition
106, aimed at “ending the practice of gerrymandering
and improving voter and candidate participation in elections.”
App. 50. Proposition 106 amended Arizona’s Constitution
to remove redistricting authority from the Arizona
Legislature and vest that authority in an independent
commission, the Arizona Independen... More...
   $0 (06-29-2015 - DC)

In Re: Alvaro M. Pereira

The outcome of this federal
bankruptcy case turns on interpretations of two different state
statutes, each of which concerns defects in real estate titles.
In time, those interpretations may affect considerable numbers of
Massachusetts foreclosure proceedings. In this case, those
interpretations affect who will benefit from the estate's real
property assets: a bank, or the ... More...
   $0 (06-26-2015 - MA)

Sioux Pharm, Inc. and Sioux Biochemical, Inc. v. Eagle Laboratories, Inc.

In this case involving claims for misappropriation of trade secrets,
we have before us an interlocutory appeal on a discovery issue. In
particular, the plaintiffs ask us to review a district court order requiring
the redesignation of the plaintiffs’ standard operating procedures (SOPs)
from “attorneys’ eyes only” to “confidential.” The underlying protective
order al... More...
   $0 (06-26-2015 - IA)

John Skelton, III v. Auction Properties Fund I, LLC

In this eviction suit, John Skelton, III and Dyann Skelton appeal the trial court’s judgment awarding possession of their residence to appellee Auction Properties Fund I, LLC. In one issue, the Skeltons contend the trial court reversibly erred by denying them a jury trial. We affirm.
Auction Properties purchased the Skeltons’ Highland Park home at a judicial execution sale ordered by the f... More...
   $0 (06-25-2015 - TX)

United States of America v. George R. Cavallo

The defendants in this case—George Cavallo, his wife Paula Hornberger,
and Joel Streinz—were players in one of the most long-lasting mortgage fraud
conspiracies in the history of central Florida. From approximately October 1997
through March 2008, these three defendants, along with about a dozen other
people, conspired to solicit and assist friends, family members, and business... More...
   $0 (06-22-2015 - FL)

Thomas J. McFarland v. A. Stephenson Wallace

After filing for bankruptcy in 2011, Thomas McFarland claimed a number of
exemptions from his bankruptcy estate. This appeal concerns two such claims,
which are opposed by Trustee A. Stephenson Wallace. Before us, McFarland
requests exemption for: (1) an annuity worth well over $150,000; and (2) the
nearly $15,000 cash surrender value of a whole life insurance policy. The
bankr... More...
   $0 (06-22-2015 - GA)

Marvin D. Horne v. Department of Agriculture

Under the United States Department of Agriculture’s California Raisin Marketing Order, a percentage of agrower’s crop must be physically set aside in certain yearsfor the account of the Government, free of charge. The Government then sells, allocates, or otherwise disposes of the raisins in ways it determines are best suited to maintaining an orderly market. The question is whether the Takings... More...   $0 (06-22-2015 - CA)

In re the Marriage of: TLM and JWM

Tulsa, OK - In re the Marriage of: TLM and JWM - (Family and Domestic: DIVORCE WITH MINOR CHILDREN)

PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW the Petitioner, TLM, for cause of action against the Respondent, JWM, alleges and states that:
1. Residency. Petitioner is now and has been for more than six (6) months preceding the filing of the Petition herein an actual resident, in ... More...
   $0 (06-16-2015 - OK)

United States of America v. Bryan Scott Gunn

PORTLAND, Ore. – U.S. District Court Judge Michael W. Mosman sentenced Bryan Scott Gunn, 40, of Victorville, California, to 20 months in prison for coning investors out of almost $1 million. Judge Mosman also sentenced Gunn to serve three years of supervised release and ordered him to pay $939,308 in restitution.

According to court documents, Gunn was a fairly sophisticated conman. In... More...
   $0 (06-16-2015 - OR)

Isaias C. Garcia v. Preferred Waste Solutions, LLC

Tulsa, OK - Isaias C. Garcia, Vinola Garcia and Phoenix Industrial Insulation Corp sued Preferred Waste Solutions, LLC, Preferred Waste Solutions Plant No. 1, LLC, Dale Wesley Ogden, Ogden Incorporated, P.C., Ogden & Showalter, PLLC, Raymond Andrew All, Bradley Allen Hall, Billy Waye Graddy, Jr., UP Cycled Materials GP, LLC, Larry D. Casey, Adam Kock and Southbury, LLc on fraud, replevin and breac... More...   $0 (06-11-2015 - OK)

Denis Murray v. Kindred Nursing Centers West, LLC

Denise Murray portrays herself as
a whistleblower and charges that her quondam employer, Kindred
Nursing Centers West LLC (Kindred), fired her on that account.
Kindred denies this charge, asserting that it terminated Murray's
employment for a legitimate, nondiscriminatory reason: suspected
drug diversion. The district court assiduously sorted through the
evidence supporting... More...
   $0 (06-10-2015 - MA)

Jessica Chan v. Peter Curran

After plaintiff and appellant Jessica Chan’s mother died from internal
hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued
defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency
of the evidence to support the malpractice verdict, nor any other issue associated with the
trial and the rendition of the jury verdict, is... More...
   $0 (06-09-2015 - CA)

United States of America v. David Parse

Defendant David Parse appeals from a judgment entered in the United States District
25 Court for the Southern District of New York following a jury trial before William H. Pauley III, Judge,
26 convicting him on one count of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2, and on one count
27 of corruptly endeavoring to obstruct and impede the administration of the internal reven... More...
   $0 (06-08-2015 - NY)

Anne (Sandy) Batchelor-Robjohns v. United States of America

This is an appeal of a federal income tax refund suit filed by the Estate of
George Batchelor (“Estate”).
1
Counts I and II of the Estate’s three-count
Complaint involve Batchelor’s personal income taxes for 1999 and 2000. Count
III concerns the Estate’s attempt to claim a credit for its 2005 income taxes for
payments it made in settlement of various lawsuits aga... More...
   $0 (06-05-2015 - FL)

Thomas F. Merry v. Northwest Trustee Services, Inc. and Nationstar Mortgage, LLC

Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed oftrust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage, LLC, commenced nonjudicial foreclosure. Relying on Rain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforc... More...   $0 (06-04-2015 - WA)

Debbra Ellis v. Premier Community Services, Inc.

Tulsa, OK - Debbra Ellis sued Premier Community Services, Inc., Van Benton and Rochelle Saunders on a fair labor standards act violation theory claiming:

1 Plaintiff was at all times pertinent to this action, employed by Defendants within
Tulsa County, Oklahoma Furthermore Plaintiff is domiciled and resides within Tulsa County, Oklahoma.
2. Defendant Premier Community Services, In... More...
   $1 (06-02-2015 - OK)

Alejandro Diaz-Barba v. Wolfgan Hahn

In Hahn v. Diaz-Barba (2011) 194 Cal.App.4th 1177 (Hahn I), this court affirmed an order, issued under the forum non conveniens doctrine, staying an action against residents of California for tortious interference with contract and related claims for the sale of an interest in a Mexican business. We determined that petitioners (hereafter defendants) met their burden of proving Mexico was a suitabl... More...   $0 (05-24-2015 - CA)

State of Idaho v. Kristi L. Hurles

Kristi Hurles pleaded guilty to grand theft for embezzling from her employer, was sentenced to fourteen years with two years fixed, and was ordered to pay $204,174.61 in restitution. Hurles appealed, challenging the restitution order in a number of respects. The Court of Appeals initially considered the appeal, reversing the restitution order in part, affirming in part, and remanding the case to t... More...   $0 (05-21-2015 - Id)

United States of America v. Thomas Torre

Brooklyn, NY - Thomas Torre, the former Chief Financial Officer of Metro Fuel Oil Corp., pled guilty to conspiracy to commit bank fraud. According to court filings and facts presented during the plea proceeding, Torre conspired in a scheme to overstate Metro Fuel’s accounts receivable in order to draw from a revolving line of credit issued by New York Commercial Bank. The fuel company later file... More...   $0 (05-20-2015 - NY)

United States of America v. Paxton Jeffrey Anderson and Joseph John Plany

PHOENIX, AZ – Paxton Jeffrey Anderson, 44, of Montevideo, Minn., and Joseph John Plany, 42, of Hutto, Texas, were sentenced by U.S. District Court Judge Susan R. Bolton to eight years and four years in prison, respectively, and ordered to pay $3,270,425 in restitution. Anderson and Planey were convicted of multiple counts of bank fraud in June, 2014, after a three-week jury trial.

... More...
   $0 (05-19-2015 - AZ)

United States of America v. Randy Olshen

SALT LAKE CITY, UT – Randy Olshen, age 52, of Newport Beach, Calif., indicted by a federal grand jury in September on charges of mail fraud, wire fraud, and money laundering in connection with an investment fraud scheme, entered guilty pleas to money laundering and wire fraud. At times relevant to the charges in the case, Olshen maintained a residence in Summit County, Utah.

Olshe... More...
   $0 (05-18-2015 - UT)

Whitney Brewster, In her capacity as executive director of The Texas Department of Motor Vehicles v. Drew Roicki and Richard Roicki As Successors in Interest to Pinnacle Motors

Appellant Whitney Brewster, Executive Director of the Texas Department of Motor Vehicles, asserted immunity from suit in the underlying cause regarding TxDMV’s decisions affecting four vehicle titles. The trial court denied her plea to the jurisdiction, and she appeals. Because Appellees raised a fact issue on whether Brewster acted without legal authority, which could invoke the ultra vires imm... More...   $0 (05-13-2015 - TX)

BV Energy Partners, LP and BV Real Estate Management, Inc. v. Richard M. Cheatham, Tsar Energy, LLC, et al.

BV Energy Partners, LP and BV Real Estate Management, Inc. (collectively BV) appeal from a take-nothing judgment rendered against them after a jury trial. The dispute between BV and appellees Richard M. Cheatham and the Tsar entities (collectively Cheatham) concerns BV’s claim that it is entitled to a share of over $41 million in profits generated from investments in the Marcellus Shale, one of ... More...   $0 (05-12-2015 - ro)

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