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Creditor Law
 
George Allison v. Centins Federal Credit Union District of Nebraska Federal Courthouse - Omaha, Nebraska

A group of investors appeals after the district court1 affirmed the bankruptcy
court’s finding that funds the investors transferred to Tri-State Financial, LLC (TSF)
are part of TSF’s Chapter 7 bankruptcy estate. We affirm.
I. Background
After Tri-State Ethanol (TSE) filed for Chapter 11 bankruptcy protection, a
group of investors (Omaha Group) formed TSF, a shell corporation d... More...
   $0 (03-19-2018 - NE)

United States of America v. Nnika White Eastern District of Virginia Federal Courthouse - Richmond, Virginia

Richmond, VA - Richmond Lawyer Sentenced for Fraud, Tax Violations

A former Richmond lawyer was sentenced to one year in prison for bankruptcy fraud and failing to collect and turn over employment taxes.

According to court documents, Nnika White, 42, maintained a bankruptcy law practice in Richmond and owned a law firm, White & Associates, PLLC. In 2014, one of White’s bankruptcy... More...
   $0 (03-14-2018 - VA)

AO Alpha-Bank v. Oleg Nikolaevich Yakovlev

Plaintiff AO Alpha Bank (Alpha Bank) initiated this lawsuit pursuant to the
Uniform Foreign-Country Money Judgments Act (Recognition Act; Code Civ. Proc.,
§§ 1713–1725)1 to recognize a Russian judgment against defendant Oleg Nikolaevich
Yakovlev. Yakovlev moved for summary judgment, arguing the judgment could not be
recognized because (1) the Russian court lacked personal jurisdict... More...
   $0 (03-12-2018 - CA)

Ralph Janvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-23-2018 - NJ)

Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-13-2018 - ht)

Malik M. Hasan, M.D. v. Chase Bank USA, N.A.; American Express Centurion District of Colorado Federal Courthouse - Denver, Colorado

Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and
paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American
Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan was
still waiting for delivery of wine that he paid nearly $1 million for. Hasan asserts that
under a provision of the Fair Credit Billing Act (FCBA), 15 U.S.C. §§... More...
   $0 (01-30-2018 - CO)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

Cheri Dahlin v. Lyondell Chemical Company Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

Mary M. Mayotte v. U.S. Bank National Association District of Colorado Federal Courthouse - Denver, Colorado

On this appeal the parties have asked us to determine how, or even whether, an
important—but subtle and often confusing—doctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.

The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c... More...
   $0 (01-23-2018 - CO)

Michelle Merceri v. Deutsche Bank, AG, et al. Washington Court of Appeals, Division 1 - Tacoma, Washington

Under RCW 4.16.230, the statute of limitations is tolled
when the commencement of an action is stayed by a statutory prohibition. Under
the federal bankruptcy code, actions to foreclose on a debtor's property are
stayed while the property at issue is part of the bankruptcy estate. We are asked
to determine whether the bankruptcy stay is a statutory prohibition that tolls the
st... More...
   $0 (01-22-2018 - WA)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Ryan Boucher v. Finance System of Green Bay, Inc. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Plaintiffs sued defendant, a debt col-lection agency, for violations of the Fair Debt Collection Prac-tices Act (“FDCPA”). Specifically, plaintiffs allege that de-fendant’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed. The district court dis-missed plaintiffs’ claims because the challenged statement ... More...   $0 (01-17-2018 - WI)

Robert Law v. Ronald Zemp Oregon Supreme Court Building - Eugene, Oregon

This review proceeding arises out of a post-judgment
order charging a judgment debtor’s interests in four limited
partnerships and a limited liability company to satisfy the
judgment creditor’s judgment against him. The charging
order was issued over the limited partnerships’ and limited
liability company’s objections that ancillary provisions
included in the charging order... More...
   $0 (01-11-2018 - OR)

Judson C. Ball Revocable Trust v. Phoenix Orchard Group I, L.P., et al.

¶1 Judson C. Ball Revocable Trust (the “Trust”) appeals from the
declaratory judgment in favor of Phoenix Orchard Group I, LP and Phoenix
Orchard Group II, LP (collectively, “POG”); and the denial of its motion to
stay release of rescission payments to the Trust’s judgment creditor, PJI-2
Collection, LLC (“PJI-2”). For the following reasons, we affirm the
declaratory judgment a... More...
   $0 (01-04-2018 - AZ)

Grady's Quality Excavating, Inc. Alliance Streetworks, Inc.

¶1 Grady’s Quality Excavating, Inc. (“Grady’s Excavating”)
appeals from a superior court judgment entered in favor of Alliance
Streetworks, Inc. (“Alliance”) and American Specialty Insurance Company
on all counts, awarding Alliance attorney’s fees and costs, and denying
Grady’s Excavating’s Motion for New Trial and/or Additur.1
FACTS AND PROCEDURAL BACKGROUND
¶2 Grady’s Exc... More...
   $0 (01-02-2018 - AZ)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

Mary Beth Mantiply v. Richard D. Horne and Patricia Nelson Horne Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’ ... More...   $0 (12-11-2017 - AL)

Juan Acra, Secner USA, LLC, Secner HR S.A. DE C.V. and North American Secner Holdings, LLC v. Giovanni Bonaudo and Maria Jilma Maldonado Dallas County Courthouse - Dallas, Texas

The underlying cause of action in this appeal stems from a business dispute among Juan Acra, Giovanni Bonaudo, and Bonaudo’s wife, Maria Jilma Maldonado. The dispute concerns services Bonaudo provided Acra and the corporate appellants, businesses controlled by Acra. The final judgment awards Giovanni Bonaudo, in relevant part, $403,488.72 in compensatory damages. The judgment is against appellants... More...   $0 (12-08-2017 - TX)

Joyce Bartholomew v. Youtube, LLC

We are asked in this case to decide whether a musician stated a claim for libel per
quod against the popular video viewing Web site, YouTube. When YouTube decided to
block access to Joyce Bartholomew’s video, it posted a statement that the video had
violated YouTube’s terms of service, a statement which also provided a hyperlink to a list
of examples and tips, a list YouTube called... More...
   $0 (12-03-2017 - CA)

Rebeca D. Balderas-Ramirez v. Anthony Carl Felder Travis County Courthouse - Austin, Texas

Rebeca D. Balderas-Ramirez appeals a final summary judgment that she take nothing
on claims she had asserted against Anthony Carl Felder following an automobile collision. The
pivotal issues on appeal concern whether Balderas-Ramirez presented any competent evidence of
property damages—including several years’ worth of claimed loss-of-use damages—and whether
any such damages exceed... More...
   $0 (11-23-2017 - TX)

Joseph Abuzaid v. Modjarrad & Associates, P.C., d/b/a Mas Law Firm Dallas County Courthouse - Dallas, Texas

In 2016, Abuzaid obtained a $1.4 million judgment against Muamar Anani and David
Wittmer (“the Anani judgment”). During the course of that litigation, Abuzaid was represented
by a series of attorneys. A dispute arose between Abuzaid and one of his attorneys, Carlos
Cortez, about the terms of Cortez’s engagement. The trial court granted Cortez leave to
withdraw. After he withdrew, C... More...
   $0 (11-14-2017 - TX)

United States of America v. Leon Fadden Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

A grand jury returned a three-count
indictment against Leon Fadden for conduct related to bankruptcy
fraud. Before trial, Fadden proposed a theory-of-defense
jury instruction for Counts 1 and 2. The district court
rejected that instruction, instead reciting the Seventh Circuit
Pattern Instructions. A jury convicted Fadden of all three
counts. Fadden now appeals his convicti... More...
   $0 (11-01-2017 - WI)

Jose Francisco Aviles v. Tracy J. Swearingen

In this case of first impression, we apply newly
enacted Probate Code section 21310. If, in theory, this could lead
to a debatable result, so be it. There is no “play in the joints” in
probate law, as Chief Justice Rehnquist would say. We “strictly”
follow probate law as given to us by the Legislature. (Estate of
Shellenbarger (2008) 169 Cal.App.4th 894, 896.)
Tracy J. Swea... More...
   $0 (10-25-2017 - CA)

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