Utah Bankruptcy Law
 

United States of America v. Eric Singleton

Salt Lake City, Utah criminal defense lawyer represented Defendant charged with bankruptcy fraud.

Attorney Eric Singleton, 56, of Salt Lake City, was indicted for his role in a bankruptcy fraud scheme.

In the plea agreement, Singleton admitted that, from May of 2016 until September of 2017, he made false statements to the United States Bankruptcy Court, the bankruptcy trustee, a... More...
   $0 (02-10-2022 - UT)

United States of America v. Eric Singleton

Salt Lake City, Utah criminal defense attorney represented defendant charged with bankruptcy fraud.

Attorney Eric Singleton, 56, of Salt Lake City, was charged for his role in a bankruptcy fraud scheme.

In the plea agreement, Singleton admitted that, from May of 2016 until September of 2017, he made false statements to the United States Bankruptcy Court, the bankruptcy trustee, ... More...
   $0 (02-01-2022 - UT)

Re: Brent Morgan and Summit Development and Lending Group

Salt Lake City, Utah bankruptcy lawyer represented bankruptcy appealing from a judgment of the United States Bankruptcy Court for the District of Utah.... More...    $0 (11-24-2021 - UT)

United States of America v. Mary Carol S. Johnson, et al.





The three consolidated appeals currently before this court involve an action
brought by the Government to collect unpaid federal estate taxes. In Appeal No.
17-4083, the Government appeals from the district court’s determination that its
state-law c... More...
   $0 (03-29-2019 - UT)

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)

Bruce W. Lauritzen v. First American Title Insurance

¶1 Bruce W. Lauritzen purchased five lots of undeveloped
real property in Hurricane, Utah based on a description in a
recorded subdivision plat map. Lauritzen then purchased title
insurance for these lots through First American Title Insurance
Company (First American). Subsequently, Lauritzen learned that
the plat map had a material defect: one of his lots partially
overlap... More...
   $0 (04-08-2018 - UT)

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)

Catherine Jane Shuman v. Wesley Robinson Shuman

¶1 Wesley Robinson Shuman and Catherine Jane Shuman obtained a bifurcated decree of divorce in 2011. Several years later, in 2015, all outstanding issues related to their divorce were submitted to the trial court for resolution. Following a two-day trial, the court granted primary physical and sole legal custody
1. After hearing the arguments in this case, Judge J. Frederic Voros Jr. retired a... More...
   $0 (10-19-2017 - UT)

Joseph Tomlinson v. Douglas Knight Construction, Inc.

Utah Supreme Court of Utah - Salt Lake City, Utah

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue... More...    $0 (08-30-2017 - UT)

United States of America v. Donald Bowers

Defendant Donald Bowers was previously involved in a civil trade secret
misappropriation case that was litigated in the United States District Court for the District
of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a
permanent injunction issued by the district court presiding over the case, and also refused
to purge himself of civil contempt. ... More...
   $0 (02-12-2017 - UT)

UNITED STATES OF AMERICA v. GEORGE BADGER

The government appeals only the district court’s ruling that it cannot proceed on
its reverse-piercing alter-ego theory.1 The court essentially ruled that the government had
failed to state a claim, regardless of the truth of its allegations. For the purposes of this
appeal, we therefore take the allegations of the government’s complaint (the Complaint)
as true, see Gee v. Pa... More...
   $0 (03-26-2016 - UT)

In re: C.W. Mining Company

C.W. Mining Company, a coal-mining company, was forced into bankruptcy after
creditors filed a petition for involuntary bankruptcy on January 8, 2008. Several months
before the petition was filed, C.W. Mining had entered into its first contract with SMC
Electrical Products, Inc.—an agreement to purchase equipment with a view toward
greatly increasing coal production by converting i... More...
   $0 (08-10-2015 - UT)

Elizabeth R. Loveridge v. Tony Hall

Salt Lake City, UT - Tenth Circuit holds that bankruptcy court does not have jurisdiction without consent of parties

This case has but little to do with bankruptcy. Neither the debtor nor the
creditors, not even the bankruptcy trustee, are parties to it. True, the plaintiffs
claim they once enjoyed an attorney-client relationship with a former bankruptcy
trustee. True, they no... More...
   $0 (07-28-2015 - UT)

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)

Tiffany Begum v. Anthony Begum

¶1 Tiffany Begum (Wife) appeals from the district court’s final judgment in the divorce action between herself and Anthony Begum (Husband). We affirm.
¶2 Husband and Wife married in 1989. Wife petitioned for a divorce in August 2008. A domestic relations commissioner issued temporary orders granting physical custody of the parties’ minor children to Wife. The commissioner ordered Husband... More...
   $0 (03-19-2015 - UT)

J. Canute Barnes v. Curtis H. Harris

This appeal follows on the heels of a bank failure, the Barnes Banking Company
(the “Bank”) having been placed into Federal Deposit Insurance Corporation (“FDIC”)
receivership in 2010. Three shareholders in Barnes Bancorporation (the “Holding
Company”), parent of the failed bank, brought suit against the Holding Company and its
officers and directors. The district court... More...
   $0 (04-22-2015 - UT)

Tiffany Begum v. Anthony Begum

¶1 Tiffany Begum (Wife) appeals from the district court’s final judgment in the divorce action between herself and Anthony Begum (Husband). We affirm.
¶2 Husband and Wife married in 1989. Wife petitioned for a divorce in August 2008. A domestic relations commissioner issued temporary orders granting physical custody of the parties’ minor children to Wife. The commissioner ordered Husband... More...
   $0 (03-19-2015 - UT)

R. Wayne Klein v. King & King & Jones

R. Wayne Klein (“Mr. Klein” or “Receiver”), the court-appointed receiver for
Winsome Investment Trust (“Winsome”), filed this action to recover funds paid from
Winsome to King & King & Jones, P.C. (“KKJ”). The district court granted
summary judgment in favor of the Receiver. KKJ appeals, and we affirm.
* After examining the briefs and appellate record, this panel ha... More...
   $0 (07-14-2014 - UT)

H&H Network Services, Inc. v. Unicity International, Inc.

¶1 Unicity International, Inc. (Unicity) appeals the district
court’s September 8, 2011 ruling dismissing with prejudice
Unicity’s third-party claim for attorney fees against Roger Hooban.
We affirm in part and vacate in part.
¶2 On December 2, 2008, H&H Network Services, Inc. (H&H)
filed suit against Unicity alleging breach of a distributorship
H&H Network Services, ... More...
   $0 (04-03-2014 - UT)

William Tracy Fowler v. Paul Teynor and Intermountain MRO Services, Inc.

¶1 William Tracy Fowler appeals from the district court’s entry
of summary judgment in favor of Paul Teynor and Intermountain
MRO Services, Inc. (IMRO). Fowler claims the district court erred
in finding that principles of res judicata barred his claims against
Teynor and IMRO. We affirm.
Fowler v. Teynor
20121097-CA 2 2014 UT App 66
BACKGROUND
¶2 Fowler worked a... More...
   $0 (03-20-2014 - UT)

Jodi Kranendonk v. Gregory & Swapp, PLLC

¶1 This legal malpractice claim involves a case within a case.
Jodi Kranendonk was injured in an Oregon traffic accident. She
retained Gregory & Swapp, PLLC and Erik Highberg (the
Attorneys) to bring a negligence action against two truck drivers
Kranendonk v. Gregory & Swapp, PLLC
2. When reviewing a district court’s rulings on a summary
judgment motion, we recite all fa... More...
   $0 (02-13-2014 - UT)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order
reducing, and eventually terminating, her alimony based on a
finding of cohabitation. We affirm.
Levin v. Carlton-Levin
2. Wife challenged the amount of alimony and other aspects of the
divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App
170, 213 P.3d 884. We affirmed and awarded Husband attorney f... More...
   $0 (01-09-2014 - UT)

Douglas C. Dillion and Molly R. Dillon v. Southern Management Corporation Retirement Trust, et al.

¶ 1 Southern Management Corporation Retirement Trust (SMCRT) seeks review of the district court’s grant of summary
* The court has added ¶ 61 and altered ¶ 62 to address appellees’ request for attorney fees on appeal.
DILLON v. SOUTHERN MANAGEMENT
Opinion of the Court
judgment in favor of Douglas C. and Molly R. Dillon. The district court determined that the trust deed encum... More...
   $0 (05-13-2014 - UT)

C.W. Mining Company v. Bank of Utah

The Chapter 7 Trustee in this matter (the “Trustee”) filed a complaint with the bankruptcy court seeking to recover a post-petition transfer to the Bank of Utah (the “Bank”). The bankruptcy court granted summary judgment in favor of the Bank, concluding the Bank was a fully secured creditor and, thus, the transfer caused no damage to the Estate. After the Bankruptcy Appellate Panel (“BAP... More...    $0 (04-15-2014 - UT)

Robert C. Bonnet v. Harvest (US) Holdings, Inc.

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of th... More...    $0 (01-28-2014 - UT)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order reducing, and eventually terminating, her alimony based on a finding of cohabitation. We affirm.

Levin v. Carlton-Levin

2. Wife challenged the amount of alimony and other aspects of the divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App 170, 213 P.3d 884. We affirmed and awarded Husband attorney fees incurr... More...
   $0 (01-16-2014 - UT)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...    $0 (12-15-2013 - UT)

Christine Woolums v. Jason Douglas Wollums

¶1 Jason Douglas Woolums (Husband) appeals the district court’s order awarding alimony of $579 per month to Christine Woolums (Wife) for a period of time equal to the duration of the parties’ marriage. We affirm.

1. Judge William A. Thorne Jr. participated in and voted on this case as a regular member of the Utah Court of Appeals. He retired from the court before this decision issued.<... More...
   $0 (09-26-2013 - UT)

United States of America v. Robert Tingey, as Trustee for the D.E. Brown Family Trust

The district court permitted the government to foreclose on federal tax liens on a ski cabin (the Ski Cabin) titled in the name of the D.E. Brown Family Trust (Family Trust), whose beneficiaries were Douglas Brown’s wife and children.

The taxes were owed by Douglas Brown (Brown) and his wife (together, the Browns), not the trust, but the court found that the Browns were the beneficial own... More...
   $0 (05-29-2013 - UT)

Stephen A. Osguthorpe v. Wolf Mountain Resorts, L.C.

¶1 The D.A. Osguthorpe Family Partnership (Osguthorpe) appeals the district court’s denial of its motion to compel arbitration of claims between ASC Utah, Inc., (ASCU) and Wolf Mountain Resorts, L.C. (Wolf Mountain). Osguthorpe also asserts that its due process rights were violated by the district court. We affirm.

OSGUTHORPE v. WOLF MOUNTAIN

Opinion of the Court

1 For a mo... More...
   $0 (03-05-2013 - UT)

Adriana Berneike v. Citimortgage, Inc.

Adriana Berneike (Berneike) appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her Real Estate Settlement Procedures Act (RESPA), Utah Consumer Sales Protection Act (UCSPA), and breach of contract claims asserted against CitiMortgage, Inc. (Citi). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

On January 13, 2010, Berneike faxed twenty-eight different l... More...
   $0 (02-25-2013 - UT)

David L. Gladwell v. Douglas James Reinhart

¶1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dr. Douglas Reinhart claimed an exemption in bankruptcy for 75 percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Dr. Reinhart after the date of the petition. Dr. Reinhart based his claim on section 1673 of the federal Consumer Credit Prote... More...    $0 (12-04-2012 - UT)

In re: Kenneth Woolsey; Stephanie Woolsey

Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it’s worth. In fact, the value of their home doesn’t come close to covering the balance due on their first mortgage, much less the amount they owe on a second. And it’s that second mortgage, held by Citibank, at the center of our case. After the Woolseys sought shelter in bankruptcy, they prepared a Chap... More...    $0 (09-05-2012 - UT)

Christina Allen v. James N. Ciokewicz

¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to ... More...    $0 (06-01-2012 - UT)

Lisa Davis v. Corey G. Davis

¶1 Corey G. Davis appeals several aspects of the trial court’s ruling on Lisa Davis’s 2008 petition to modify the parties’ divorce decree. Lisa cross‐appeals, challenging the trial court’s ruling on her request for attorney fees and requesting fees on appeal. We affirm in part and reverse in part.

BACKGROUND

¶2 The parties were divorced by a Decree of Divorce entered May ... More...
   $0 (09-09-2011 - UT)

Franklin Credit Management Corporation v. Blaine J. Hanney

¶1 Using a forged power of attorney, Shirley Hanney mortgaged the family home without her husband Blaine J. Hanney’s knowledge. When she defaulted on the payments, Franklin Credit Management Corp., standing in the shoes of the lender, Bank One, brought suit. The trial court ruled that the trust deed on the home was void. Franklin Credit appeals. We affirm in part and reverse in part.

BAC... More...
   $0 (06-20-2011 - UT)

Peter Karl Mauerhan v. Wagner Corporation

Peter Karl Mauerhan, joined by the trustee of his bankruptcy estate, Roger G. Segal, brought suit against his former employer, Wagner Corporation (“Wagner”), for allegedly violating the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112 et seq., by discriminating against him because of his drug addiction. The district court granted Wagner’s motion for summary judgment under the ... More...    $0 (04-19-2011 - UT)

George B. Love v. Federal Deposit Insurance Corporation

George Love and several farming entities he operated filed for Chapter 11 bankruptcy. Barnes Banking Company (“Barnes”1) was a creditor involved in the bankruptcy proceedings. After a Chapter 11 reorganization plan was confirmed, a Love entity filed a new bankruptcy petition under Chapter 7. And while the Chapter 7 case was active, Love, several of his farming entities, and his wife Valayne Lo... More...    $0 (03-15-2011 - UT)

C.W. Mining Company v. Aquila, Inc.

C.W. Mining Corporation (“C.W.”) is the debtor in this involuntary Chapter 7 bankruptcy proceeding. On summary judgment, the bankruptcy court determined that the creditors who filed the involuntary petition were “qualifying creditors” as required to trigger involuntary bankruptcy. C.W.’s former managers (“the Managers”),1 purporting to act on C.W.’s behalf, appealed the grant of su... More...    $0 (02-14-2011 - UT)

Golden Meadows Properties, L.C. v. Michael Strand

¶1 Plaintiff Golden Meadows Properties, LC, brought an unlawful detainer action against Defendants Michael Strand and Cari Allen (collectively, Strand) to remove Strand from a residence in Bountiful, Utah (the Property). Strand responded with a counterclaim for quiet title, constructive trust, and adverse possession. The district court granted summary judgment to Golden Meadows.1

¶2 Str... More...
   $0 (09-23-2010 - UT)

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