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Creditor Law
 
Robert Sturm v. Todd Andrew Moyer

The question presented in this case is one of first impression:
Assuming fraudulent intent, can the Uniform Voidable Transactions
2
Act (Civ. Code, § 3439 et seq., formerly known as the Uniform
Fraudulent Transfer Act, or UFTA)1 apply to a premarital agreement in
which the prospective spouses agree that upon marriage each spouse’s
earnings, income, and other property acquir... More...
   $0 (02-17-2019 - CA)

Sharmalee Goonewardene v. ADP, LLC

Under the Labor Code, an employee who believes he or
she has not been paid the wages due under the applicable labor
statutes and wage orders may bring a civil action against his
or her employer. (See, e.g., Lab. Code, § 1194; Martinez v.
Combs (2010) 49 Cal.4th 35, 49-51; see also Lab. Code, § 2699.)
This case presents the question whether, when an employer
hires an indepen... More...
   $0 (02-10-2019 - CA)

VERIZON WIRELESS PERSONAL COMMUNICATIONS, LP vs CHRISTOPHER BATEMAN




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In 2011, Mr. Bateman obtained cell phone service from Verizon. Mr. Bateman agreed to the terms of Verizon's Customer Agreement. The... More...
   $0 (02-08-2019 - FL)

Sharmalee Goonew Ardene v. ADP, LLC

Opinion of the Court by Cantil-Sakauye, C. J.
Under the Labor Code, an employee who believes he or
she has not been paid the wages due under the applicable labor
statutes and wage orders may bring a civil action against his
or her employer. (See, e.g., Lab. Code, § 1194; Martinez v.
Combs (2010) 49 Cal.4th 35, 49-51; see also Lab. Code, § 2699.)
This case presents the quest... More...
   $0 (02-08-2019 - CA)

Diane Rhone v. Medical Business Bureau, LLC





This case is about character—
the character of a debt. A debt collector must not make any
“false representation” about “the character, amount, or legal
status of any debt”. 15 U.S.C. §1692e(2)(A). A distric... More...
   $0 (02-07-2019 - IL)

Carry Curtis v. Propel Property Tax Funding, LLC; Propel Financial Services, LLC





Appellants Propel Property Tax Funding, LLC and Propel Financial Services, LLC (collectively “Propel”) entered into a Tax Payment Agreement (a “TPA”) with Appellee Garry Curtis pursuant to Virginia Code section 58.1-3018. Curtis sued Propel on behalf of himself and other similarly situ... More...
   $0 (02-07-2019 - VA)

The Depot, Inc. v. Caring for Montanians, Inc. d/k/a Blue Cross Blue Shield of Monatna





Plaintiffs are three small employers in Montana who are
members of the Montana Chamber of Commerce.
Defendants are health insurance companies that marketed
fully insured health insurance plans to the Chamber’s
members branded “Chamber Choices.” From 2006 until... More...
   $0 (02-07-2019 - MT)

JEREMY FISHER v. ELIJAH MOORE and KEY INSURANCE CO.




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The material facts are undisputed. Fisher was injured in an automobile collision on October 19, 2011. He was a passenger in a vehicle driven by Moore ... More...
   $0 (02-04-2019 - KS)

First State Bank of Roscoe; John R. Beyers v. Brad Allen Stabler; Brenda Lee Stabler





First State Bank of Roscoe (the “Bank”) and John R. Beyers appeal the
judgment of the district court affirming a bankruptcy 1 court order holding them in
1The Honorable Roberto A. Lange, United States District Judge for the District
of South Dakota, affirming the order... More...
   $0 (01-31-2019 - SD)

John S. Bennett v. James Garner; Virtus Consulting, LLC





John S. Bennett appeals from the district court’s award of summary judgment in favor of his former employer, Virtus Consulting, LLC (Virtus), and its owner, James Garner (collectively, the defendants), in Bennett’s action seeking to collect on a state court judgment entered against the... More...
   $0 (01-18-2019 - VA)

Richard Zabriskie v. Federal National Mortgage Association




Richard and Kristin Zabriskie sued the Federal National Mortgage Association (Fannie Mae) under the Fair Credit Reporting Act (FCRA). The district court, on cross-motions for summary judgment, held that Fannie Mae was a “consumer reporting agency” within the meaning of the FCRA. We have j... More...
   $0 (01-09-2019 - AZ)

Ralph S. Janvey v. GMAG, LLC





This case, arising out of the Stanford International Bank Ponzi scheme, requires us to determine whether the Texas Uniform Fraudulent... More...
   $0 (01-09-2019 - TX)

In re: B & P Baird Holdings, Inc.




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This non-core bankruptcy adversary proceeding stems from the wind-up plan of debtor B & P Baird Holdings, Inc. Debtor entered into an asset pu... More...
   $0 (01-08-2019 - MI)

Bann-Shiang Liza Yu v. Liberty Surplus Insurance Corporation




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Generally, as a fundamental rule, when a civil litigant sues for monetary
damages, “the amount demanded must be stated.” (Code Civ. Proc., § 425.1... More...
   $0 (01-07-2019 - CA)

The Slovak Republic v. Elizabeth R. Loveridge, Chapter 7 Trustee




This appeal stems from the Chapter 7 bankruptcy of EuroGas, Inc.
(“EuroGas I”). The Slovak Republic, an unsecured creditor who filed a claim in that
bankruptcy, appeals the decision of the Tenth Circuit Bankruptcy Appellate Panel
(“BAP”) dismissing its a... More...
   $0 (01-04-2019 - UT)

Robert A. Brown v. Stewart Mortensen




This case resolves two obscure and previously unaddressed
state constitutional issues: Does article I, section 16 of the
California Constitution guarantee the right to a jury tri... More...
   $0 (01-04-2019 - CA)

Michael Wease v. Ocwen Loan Servicing, L.L.C.; Wells Fargo Bank, N.A.





This Texas mortgage dispute presents contractual, statutory, and equitable issues. We discern ambiguity in the contract’s escrow prov... More...
   $0 (01-04-2019 - TX)

United States of America v. Marcus A. Collier




Providence, RI - Pawtucket Resident Sentenced for Concealing Assets from Bankruptcy Court

A Pawtucket resident was sentenced to two ye... More...
   $0 (12-22-2018 - RI)

In re: Mildred M. Dukes





Mildred M. Dukes (“Debtor”) filed for Chapter 13 bankruptcy in 2009, and the bankruptcy court confirmed her bankruptcy plan in 2010. At the time her plan was confirmed, Debtor had two outstanding mortgages with Suncoast Credit Uni... More...
   $0 (12-11-2018 - fl)

Jerry Hoang v. Bank of America, N.A.





If a creditor fails to make required disclosures under the
Truth in Lending Act (TILA), borrowers are allowed three
years from the loan’s consummation date to rescind certain
loans.1 15 U.S.C. § 1635(f). Borrowers may effect that
rescission s... More...
   $0 (12-09-2018 - WA)

Travelers Property Casualty Company of America v. Engel Insulation, Inc.

Plaintiffs Travelers Property Casualty Company of America, the Travelers
Indemnity Company of Connecticut, and St. Paul Fire and Marine Insurance Company
(collectively, Travelers) filed this action against certain subcontractors to recover
attorneys’ fees and costs Travelers incurred in defending developers Westlake Villas,
LLC and Meer Capital Partners, LLC (collectively, Westlak... More...
   $0 (12-02-2018 - CA)

Finance Holding Company, LLC v. The American Institute of Certified Tax Coaches, Inc.

Finance Holding Company, LLC (Finance) obtained a judgment against
Dominque Molina for about $50,000 plus interest and attorney fees. In judgment
enforcement proceedings, Finance sought documents from Molina's employer, The
American Institute of Certified Tax Coaches, Inc. (Institute). Finance requested
2
numerous categories of business, tax, and bank records, without limiting... More...
   $0 (11-30-2018 - )

Debra Lea Wilson v. James Rigby; First Citizens Bank

The filing date of a bankruptcy petition determines the
law governing exemptions and freezes the value of the
exemptions that the debtor may claim. Because Debra
Wilson’s amended bankruptcy schedules sought to claim
4 WILSON V. RIGBY
more than Washington law permitted her to claim as of the
petition date, we affirm the district court’s decision, limiting
her claimed exe... More...
   $0 (11-29-2018 - WA)

Rachel C. Williams v. American Honda Finance Corporation




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Rachel Williams brought this
putative class action, alleging that American Honda Finance
Corporat... More...
   $0 (11-01-2018 - MA)

Thee Sombrero, Inc. v. Scottsdale Insurance Company

Thee Sombrero, Inc. (Sombrero) owns a commercial property in Colton. Pursuant
to a conditional use permit (CUP), Sombrero’s lessees operated the property as a
nightclub called El Sombrero. Crime Enforcement Services (CES) provided security
2
guard services at the nightclub. In 2007, after a fatal shooting at the nightclub, the CUP
was revoked and replaced with a modified CUP, ... More...
   $0 (10-27-2018 - CA)

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